People v. Giordano

• Decision Date: 23 March 1982
• Citation: People v. Giordano, 449 N.Y.S.2d 955, 56 N.Y.2d 524, 434 N.E.2d 1333 (N.Y. 1982)
• Parties: , 434 N.E.2d 1333 The PEOPLE of the State of New York, Respondent, v. Leonard GIORDANO, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 955

449 N.Y.S.2d 955

56 N.Y.2d 524, 434 N.E.2d 1333

The PEOPLE of the State of New York, Respondent, v. Leonard GIORDANO, Appellant.

Court of Appeals of New York.

March 23, 1982.

Joseph B. Mistrett and Rose H. Sconiers, Buffalo, for appellant.

Edward C. Cosgrove, Dist. Atty. (John J. DeFranks and Kurt T. Sajda, Buffalo, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 81 A.D.2d 1003, 440 N.Y.S.2d 110, deciding appeal, 73 A.D.2d 824, 423 N.Y.S.2d 751, should be affirmed.

We agree with the Appellate Division that when the District Attorney had announced his readiness on the record he had satisfied his obligation under CPL § 30.30. Whatever may in fact have been the reason why the case was not reached for trial thereafter, there is no basis for dismissal pursuant to that statute (cf. People v. Brothers, 50 N.Y.2d 413, 417, 429 N.Y.S.2d 558, 407 N.E.2d 405).

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed in a memorandum.