People v. De Rosa

• Decision Date: 07 June 1977
• Citation: People v. De Rosa, 397 N.Y.S.2d 780, 42 N.Y.2d 872, 366 N.E.2d 868 (N.Y. 1977)
• Parties: , 366 N.E.2d 868 The PEOPLE of the State of New York, Respondent, v. Frank De ROSA, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 780

397 N.Y.S.2d 780

42 N.Y.2d 872, 366 N.E.2d 868

The PEOPLE of the State of New York, Respondent, v. Frank De ROSA, Appellant.

Court of Appeals of New York.

June 7, 1977.

Pat R. Mercurio, Hollis, for appellant.

Denis Dillon, Dist. Atty. (Judith K. Rubinstein, New York City, and William C. Donnino, Mineola, of counsel), for respondent.

MEMORANDUM.

Order of the Appellate Term affirmed.

The issue in this case did not turn on denial of a speedy trial. Had it been so, the failure of defendant to follow the procedure under CPL 210.20, 210.45 would sustain the reversal by the Appellate Term. Nor was the procedure at the trial court appropriate for a dismissal in the furtherance of justice under CPL 170.30 (subd. 1(e), (g)) (CPL 170.45). The correct issue was the abrupt refusal of the trial court on calendar call to allow an adjournment until 2:00 p. m. of the day previously set for trial. This, on the conceded facts and inevitable inferences from them, constituted an abuse of discretion as a matter of law (see Cohen and Karger, Powers of the New York Court of Appeals, § 108, p. 459; ch. 16).

BREITEL, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE, JJ., concur.

Order affirmed in a memorandum.