People v. Primmer
| Decision Date | 03 April 1979 |
| Parties | , 389 N.E.2d 1070 The PEOPLE of the State of New York, Respondent, v. Lynn J. PRIMMER, also known as Glen J. Jackson, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed.
Defendant claims that he was denied his right to a speedy trial as guaranteed by the Sixth Amendment to the United States Constitution in that he was not afforded a speedy trial within 180 days of his notification to the District Attorney that he was imprisoned in Texas (CPL 580.20). It is conceded, however, that he first raised his alleged deprivation at the Appellate Division; "and, not having raised the issue in the court of first instance, there is no error to be reviewed" (People v. Adams, 38 N.Y.2d 605, 607, 381 N.Y.S.2d 847, 848, 345 N.E.2d 318, 319; see, also, People v. Adams, 46 N.Y.2d 1047, 416 N.Y.S.2d 588, --- N.E.2d ---- (decided herewith)). In view of this disposition we do not reach or consider the merits of the issue tendered by defendant.
Order affirmed in a memorandum.
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People v. Alnutt
...2, § 2, art. IV[c], [e]; CPL 580.20, art. IV[c], [e] ). Even if this claim had been preserved ( see People v. Primmer, 46 N.Y.2d 1048, 1049, 416 N.Y.S.2d 548, 389 N.E.2d 1070 [1979] ), it cannot be addressed on direct appeal as it involves matters outside of the record ( see People v. Bianc......
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Williams v. Dalsheim
...People v. Arthur, 22 N.Y.2d 325, 292 N.Y. S.2d 663, 239 N.E.2d 537 (1969) (emphasis in original). Cf. People v. Primmer, 46 N.Y.2d 1048, 416 N.Y.S.2d 548, 389 N.E.2d 1070 (1979) (IAD claim raised for first time on appeal not Upon learning of the existence of a possible violation of the IAD ......
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Nash v. Jeffes, 83-5261
...443 F.Supp. 1284, 1286 (D.Kansas 1978); People v. Primmer, 59 A.D.2d 221, 222, 399 N.Y.S.2d 478, 480 (1977), aff'd, 46 N.Y.2d 1048, 389 N.E.2d 1070, 416 N.Y.S.2d 548 (1979); State v. Brockington, 89 N.J.Super. 423, 430, 215 A.2d 362, 365-66 (1965). Subsection (b) of Article III, N.J.Stat.An......
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United States ex rel. Hogan v. Bara, 80 CV 3420.
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