People v. Kendzia, 1
| Decision Date | 27 January 1984 |
| Docket Number | No. 1,1 |
| Citation | 99 A.D.2d 657,471 N.Y.S.2d 925 |
| Parties | PEOPLE of the State of New York, Respondent, v. Robert KENDZIA, Appellant. Appeal |
| Court | New York Supreme Court — Appellate Division |
Kushner, Kushner & Roscetti, P.C. by James Roscetti, Niagara Falls, for appellant.
Robert Abrams, Atty. Gen. by Edward Saslaw, Asst. Atty. Gen., New York City, for respondent.
Before DILLON, P.J., and BOOMER, GREEN, O'DONNELL and SCHNEPP, JJ.
Defendants were convicted of one count of grand larceny in the second degree, four counts of offering a false instrument for filing in the first degree and two counts of violating Tax Law § 1145, (subd. [b] ), all as a result of their failure to remit sales taxes to the State.
A delay of over fourteen months occurred between September 17, 1980 when the defendants were indicted and November 18, 1981, when the People first announced on the record that they were ready for trial. Defendants' motion to dismiss the indictment on the ground of denial of their right to a speedy trial should have been granted (CPL § 30.30, subd. 1, par. [a] ), since this period exceeds six months and the People have not demonstrated sufficient excludable time. The People contend that the trial judge placed the case on the trial calendar on January 28, 1981 during a meeting in chambers in which neither counsel objected. However, this meeting was not transcribed and there is nothing in the record to indicate a trial date was set in the presence of counsel at that time. Therefore, the judgments must be reversed and the indictment dismissed (People v. Hamilton, 46 N.Y.2d 932, 415 N.Y.S.2d 208, 388 N.E.2d 345; People v. Tamulewicz, 88 A.D.2d 698, 451 N.Y.S.2d 328).
In view of our disposition, it is unnecessary to reach the other contentions raised.
Judgment unanimously reversed on the law and indictment dismissed.
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People v. Kendzia
...in the first degree (Penal Law § 175.35), and violating Tax Law, article 28, § 1145(b). On appeal, the Appellate Division, 99 A.D.2d 657, 471 N.Y.S.2d 925, reversed all of the convictions and dismissed the indictment against the defendants on the ground that the People were not ready for tr......
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People v. Simon
...affg. 81 A.D.2d 1003, 440 N.Y.S.2d 110; see also, People v. Kendzia, 64 N.Y.2d 331, 486 N.Y.S.2d 888, 476 N.E.2d 287, affg. 99 A.D.2d 657, 471 N.Y.S.2d 925). Therefore, the court granted defendant's motion to sever the counts in the indictment and try each robbery count separately. The pros......
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People v. Macleod's Prescription Pharmacy, Inc.
...City, for respondent. Judgment unanimously reversed on the law and indictment dismissed. Same Memorandum as in People v. Kendzia, Appeal No. 1, 99 A.D.2d 657, 471 N.Y.S.2d 925, decided herewith. (Appeal from Judgment of Niagara County Court, DiFlorio, J.--Grand Larceny, 2nd DILLON, P.J., an......