People v. Weinberg
| Decision Date | 11 October 1977 |
| Citation | 398 N.Y.S.2d 360,59 A.D.2d 727 |
| Parties | The PEOPLE, etc., Appellant, v. Reggie WEINBERG, Respondent. |
| Court | New York Supreme Court — Appellate Division |
John J. Santucci, Dist. Atty., Kew Gardens (Barry A. Schwartz, Kew Gardens, of counsel, Salvatore Iacopelli, on the brief), for appellant.
Harold Borg, Kew Gardens (Irene Dachtera, on the brief), for respondent.
Before HOPKINS, J. P., and LATHAM, MARGETT and SUOZZI, JJ.
MEMORANDUM BY THE COURT.
Appeal by the People from an order of the Supreme Court, Queens County, dated February 2, 1977, which granted defendant-respondent's oral motion to dismiss the indictment on the ground that he had been denied a speedy trial.
Order reversed on the law, motion denied, and indictment reinstated, without prejudice to renewal of the motion upon compliance with CPL 210.45.
A motion pursuant to CPL 210.20 to dismiss an indictment for failure to grant a defendant a speedy trial must be made in writing and upon reasonable notice to the People (CPL 210.45; People v. Ryan, 42 A.D.2d 869, 347 N.Y.S.2d 216).
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People v. Jordan
...by written motion as required by CPL 210.45 (see People v. DeRosa, 42 N.Y.2d 872, 397 N.Y.S.2d 780, 366 N.E.2d 868; People v. Weinberg, 59 A.D.2d 727, 398 N.Y.S.2d 360) but it is urged that a prior pro se application for a writ of habeas corpus, which was denied by an order of this court fr......
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People v. Collins
...in writing and upon reasonable notice to the People (CPL 210.45; People v. Marrero, 85 A.D.2d 610, 444 N.Y.S.2d 679; People v. Weinberg, 59 A.D.2d 727, 398 N.Y.S.2d 360; People v. Dedmon, 53 A.D.2d 646, 384 N.Y.S.2d 846). In any event, the record does not support dismissal of the indictment......
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People v. Collins
...in writing and upon reasonable notice to the People (CPL 210.45; People v. Marrero, 85 A.D.2d 610, 444 N.Y.S.2d 679; People v. Weinberg, 59 A.D.2d 727, 398 N.Y.S.2d 360; People v. Dedmon, 53 A.D.2d 646, 384 N.Y.S.2d 846). In any event, the record does not support dismissal of the indictment......
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People v. Marrero
...in writing and upon reasonable notice to the People (see CPL 210.45; People v. Ryan, 42 A.D.2d 869, 347 N.Y.S.2d 216; People v. Weinberg, 59 A.D.2d 727, 398 N.Y.S.2d 360). Examination of the record on appeal reveals that this requirement was not followed ...