People v. Jordan
| Decision Date | 05 June 1984 |
| Citation | 477 N.Y.S.2d 605,466 N.E.2d 145,62 N.Y.2d 825 |
| Parties | , 466 N.E.2d 145 The PEOPLE of the State of New York, Respondent, v. Alvin JORDAN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Bruce Fenton, New York City, for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Rosalyn H. Richter, New York City, and Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, of counsel), for respondent.
The order of the Appellate Division, 96 A.D.2d 1060, 466 N.Y.S.2d 486, should be affirmed.
On this direct appeal from his conviction of criminal possession of a weapon in the third degree, defendant seeks dismissal of the indictment against him on the grounds that he was denied his constitutional right to a speedy trial (incorporated in CPL 30.20) and that the People were not ready for trial within the time prescribed by statute (CPL 30.30). Neither of these claims was advanced in the criminal action before or at trial (CPL 210.45) although they were raised and rejected on defendant's pretrial petition for a writ of habeas corpus. That petition, however, was denied by the Appellate Division, and a further appeal to the Court of Appeals from that denial was dismissed (51 N.Y.2d 1007, 435 N.Y.S.2d 1028, 417 N.E.2d 103).
No application for the relief now sought having been made in Supreme Court in the criminal action and accordingly there having been no denial of a request for such relief, as a matter of appellate procedure, as the Appellate Division recognized, there was no ruling of the trial court in this action to be reviewed by the Appellate Division, or now in our court (People v. Whisby, 48 N.Y.2d 834, 424 N.Y.S.2d 344, 400 N.E.2d 286; People v. Adams, 38 N.Y.2d 605, 381 N.Y.S.2d 847, 345 N.E.2d 318).
Order affirmed in a memorandum.
To continue reading
Request your trial
-
People v. Adorno
...to permanent repose" ( People v. Jordan, 96 A.D.2d 1060, 1061, 466 N.Y.S.2d 486 [internal quotation marks omitted], affd 62 N.Y.2d 825, 477 N.Y.S.2d 605, 466 N.E.2d 145 ).The record here demonstrates that the prosecutor completed two sentences about the dangers of needle sticks, without obj......
-
People v. Ferguson
...fundamental decisions reserved to the client (see, People v. Jordan, 96 A.D.2d 1060, 1061, 466 N.Y.S.2d 486, affd. 62 N.Y.2d 825, 477 N.Y.S.2d 605, 466 N.E.2d 145). In Jones v. Barnes, 463 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987), the Supreme Court denoted such fundamental decisions as dec......
-
People v. Rivera
...(2d Dept., 1990); and another related case: People v. Jordan, 96 A.D.2d 1060, 466 N.Y.S.2d 486 (2d Dept., 1983) aff'd 62 N.Y.2d 825, 477 N.Y.S.2d 605, 466 N.E.2d 145 (1984), do not discuss the relevant law in detail or state whether any inquiry was made by the court of defense counsel as to......
-
People v. Gott, 2016–03003
...of appellate procedure ... there was no ruling of the trial court in this action to be reviewed" on appeal ( People v. Jordan, 62 N.Y.2d 825, 826, 477 N.Y.S.2d 605, 466 N.E.2d 145 ; see People v. Davison, 92 A.D.3d 691, 692, 937 N.Y.S.2d 864 ). The defendant's waiver of the right to appeal ......