People v. Kwok Ming Chan

CourtNew York Supreme Court Appellate Division
Writing for the CourtPER CURIAM; All concur except KUPFERMAN; KUPFERMAN
Citation45 A.D.2d 613,360 N.Y.S.2d 425
Decision Date31 October 1974
PartiesThe PEOPLE of the State of New York, Appellant, v. KWOK MING CHAN, Defendant-Respondent.

Page 425

360 N.Y.S.2d 425
45 A.D.2d 613
The PEOPLE of the State of New York, Appellant,
v.
KWOK MING CHAN, Defendant-Respondent.
Supreme Court, Appellate Division, First Department.
Oct. 31, 1974.

[45 A.D.2d 614]

Page 426

Edward A. McDonald, New York City, of counsel (Lewis R. Friedman, New York City with him on the brief, Richard H. Kuh, Dist. Atty.), for appellant.

Daniel J. Brooks, New York City, of counsel (William E. Hellerstein and William J. Gallagher, New York City), for defendant-respondent.

Before McGIVERN, P.J., and NUNEZ, KUPFERMAN, MURPHY and LUPIANO, JJ.

PER CURIAM.

This is an appeal from an order of the Supreme Court, New York County, entered on March 25, 1974, which dismissed, pursuant to CPL 210.40, the indictment charging reckless endangerment in the first degree and possession of a weapon, a loaded pistol, as a felony.

Defendant moved for dismissal of the indictment on November 5, 1973, pursuant to CPL 210.20, upon the ground of denial of the constitutional and statutory right to a speedy trial.

On November 19, 1973, the return day of the motion, the case appeared before a judge who had not, prior thereto, presided in the action. The moving papers asserted some fourteen adjournments since the return of the indictment on October 5, 1972, and alleged the defendant was not responsible for the delay. In opposition, the Assistant District Attorney informed the court that virtually all of the adjournments were 'excludable'. (CPL 30.30, subd. 4) The court granted an adjournment to the People, not excludable, and marked the case for December 6, 1973: 'Dismiss or tried', and so informed the parties.

[45 A.D.2d 615] On December 6, 1973, the Assistant District Attorney requested an adjournment until the end of the following week upon the grounds a

Page 427

detective witness was then in Toledo, Ohio, and further investigation was necessary regarding defendant's claim that another was the perpetrator. The Assistant District Attorney again informed the court that contrary to defendant's allegations, with two or three exceptions, every adjournment had been marked 'excludable'.

The court stated:

'Here we have a defendant on his 18th birthday facing a serious criminal charge (the court had earlier noted the defendant who was at liberty on minimal bail had 'never been arrested before') he has the right of a fair and speedy trial through the spirit of the law, the jacket does not reflect a long string of excludable adjournments. This rule did not come into effect until some time last year, the excludable adjournment is October 24, 1972 to November 25, 1972.'

The court...

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33 practice notes
  • People v. Joseph P.
    • United States
    • New York Justice Court
    • October 22, 1980
    ...the integrity of the criminal justice system. The First Department followed on the requirements of a hearing in People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d People v. Clayton, 41 A.D.2d 204, 342 N.Y.S.2d 106 was approved in People v. Belge, 41 N.Y.2d 60, 390 N.Y.S.2d 867, 359 N.E.2......
  • People v. Williams
    • United States
    • New York County Court
    • November 28, 1978
    ...198; People v. Belkota, 50 A.D.2d 118, 377 N.Y.S.2d 321; People v. Trottie, 47 A.D.2d 751, 364 N.Y.S.2d 563; People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d Moreover, the Appellate Division in this Department, in People v. Clayton, 41 A.D.2d 204, 342 N.Y.S.2d 106, engraved specific st......
  • People v. Isaacson
    • United States
    • New York Supreme Court Appellate Division
    • February 25, 1977
    ...Wingard, 33 N.Y.2d 192, 351 N.Y.S.2d 385, 306 N.E.2d 402; People v. Belkota, 50 A.D.2d 118, 377 N.Y.S.2d 321; People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d 425; People v. Marco, 44 A.D.2d 574, 353 N.Y.S.2d 53). The statute requires the court to make a 'value judgment * * * based upo......
  • People v. Jones
    • United States
    • New York City Court
    • November 21, 1984
    ...dismissal in the interests of justice (cf. People v. Wingard, 33 N.Y.2d 192, 351 N.Y.S.2d 385, 306 N.E.2d 402; People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d 425; People v. Kitt, 93 A.D.2d 77, 460 N.Y.S.2d 799). The common standard which runs through these cases considered on an appe......
  • Request a trial to view additional results
33 cases
  • People v. Joseph P.
    • United States
    • New York Justice Court
    • October 22, 1980
    ...the integrity of the criminal justice system. The First Department followed on the requirements of a hearing in People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d People v. Clayton, 41 A.D.2d 204, 342 N.Y.S.2d 106 was approved in People v. Belge, 41 N.Y.2d 60, 390 N.Y.S.2d 867, 359 N.E.2......
  • People v. Williams
    • United States
    • New York County Court
    • November 28, 1978
    ...198; People v. Belkota, 50 A.D.2d 118, 377 N.Y.S.2d 321; People v. Trottie, 47 A.D.2d 751, 364 N.Y.S.2d 563; People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d Moreover, the Appellate Division in this Department, in People v. Clayton, 41 A.D.2d 204, 342 N.Y.S.2d 106, engraved specific st......
  • People v. Isaacson
    • United States
    • New York Supreme Court Appellate Division
    • February 25, 1977
    ...Wingard, 33 N.Y.2d 192, 351 N.Y.S.2d 385, 306 N.E.2d 402; People v. Belkota, 50 A.D.2d 118, 377 N.Y.S.2d 321; People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d 425; People v. Marco, 44 A.D.2d 574, 353 N.Y.S.2d 53). The statute requires the court to make a 'value judgment * * * based upo......
  • People v. Jones
    • United States
    • New York City Court
    • November 21, 1984
    ...dismissal in the interests of justice (cf. People v. Wingard, 33 N.Y.2d 192, 351 N.Y.S.2d 385, 306 N.E.2d 402; People v. Kwok Ming Chan, 45 A.D.2d 613, 360 N.Y.S.2d 425; People v. Kitt, 93 A.D.2d 77, 460 N.Y.S.2d 799). The common standard which runs through these cases considered on an appe......
  • Request a trial to view additional results

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