People v. Dedmon

• Decision Date: 14 June 1976
• Citation: 384 N.Y.S.2d 846,53 A.D.2d 646
• Parties: The PEOPLE, etc., Appellant, v. Joyce DEDMON, Respondent
• Court: New York Supreme Court — Appellate Division

Page 846

384 N.Y.S.2d 846

53 A.D.2d 646

The PEOPLE, etc., Appellant, v. Joyce DEDMON, Respondent.

Supreme Court, AppellateDivision, Supreme Court, Appellate Division,

June 14, 1976.

Eugene Gold, Dist. Atty., Brooklyn (Eugene H. Scher, Brooklyn, of counsel), for appellant.

Thomas J. Burns, Brooklyn, for respondent.

Before LATHAM, Acting P.J., and COHALAN, RABIN, SHAPIRO and TITONE, JJ.

MEMORANDUM BY THE COURT.

Appeal by the People from an order of the Supreme Court, Kings County, entered December 16, 1975, which granted defendant's oral motion to dismiss the indictment for failure to accord the defendant a speedy trial.

Order reversed, on the law, and motion denied, without prejudice to its renewal upon compliance with the provisions of CPL 210.45 (subd. 1), and indictment reinstated.

A motion to dismiss an indictment must be made in writing and upon reasonable notice to the People (CPL 210.45, subd. 1; People v. Trottie, 47 A.D.2d 751, 364 N.Y.S.2d 563; People v. Ryan, 42 A.D.2d 869, 347 N.Y.S. 216). The granting of such motion, orally made, in the absence of a waiver of the statutory requirements by the prosecutor, constitutes reversible error (People v. Trottie, supra; People v. Ryan, supra; People v. Cowan, 21 A.D.2d 687, 250 N.Y.S.2d 628). Moreover, applying the standards set forth by the Court of Appeals in People v. Taranovich, 37 N.Y.2d 442, 444--445, 373 N.Y.S.2d 79, 80--81, 335 N.E.2d 303, 304--305, we are of the opinion that the record on appeal does not justify dismissal of the indictment.