People v. Williams

Decision Date08 June 1982
Citation56 N.Y.2d 824,452 N.Y.S.2d 571,438 N.E.2d 104
Parties, 438 N.E.2d 104 The PEOPLE etc., Appellant, v. Maurice WILLIAMS, Respondent.
CourtNew York Court of Appeals Court of Appeals

On review of submissions pursuant to Rule 500.2(b), order affirmed. On the record this case is indistinguishable from People v. Sturgis, 38 N.Y.2d 625, 381 N.Y.S.2d 860, 345 N.E.2d 331. We need not consider whether a delay in obtaining an indictment arising from the People's decision not to seek indictments against fugitive defendants is excludable as a "period of delay resulting from the absence or unavailability of the defendant" within the meaning of CPL 30.30(4)(c). There is neither proof nor finding in the record supporting the contention that the prosecutor has adopted such a policy or that it was actually the cause of the delay in this case, 85 A.D.2d 543, 448 N.Y.S.2d 342.

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

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