People v. Kwok Ming Chan
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | PER CURIAM; All concur except KUPFERMAN; KUPFERMAN |
| Citation | 45 A.D.2d 613,360 N.Y.S.2d 425 |
| Decision Date | 31 October 1974 |
| Parties | The PEOPLE of the State of New York, Appellant, v. KWOK MING CHAN, Defendant-Respondent. |
Page 425
v.
KWOK MING CHAN, Defendant-Respondent.
[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.'
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People v. Joseph P.
...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......
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People v. Williams
...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......
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People v. Isaacson
...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......
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People v. Jones
...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......
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People v. Joseph P.
...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......
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People v. Williams
...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......
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People v. Isaacson
...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......
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People v. Jones
...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......