People v. Allard

Defendant filed a motion to dismiss the indictment pursuant to N.Y. Crim. Proc. Law (CPL) 30.30, alleging that he was denied his statutory right to a speedy trial. Supreme Court denied Defendant’s motion without holding a hearing. The Appellate Division remitted to Supreme Court for a hearing on the motion. Supreme Court thereafter conducted a hearing on Defendant’s CPL 30.30 motion and concluded that the People exceeded their six-month speedy trial period. The Appellate Division agreed and granted Defendant’s motion to dismiss the indictment. On appeal, the People contended that the Appellate Division erred in finding that Defendant’s claim was properly preserved for appellate review. The Court of Appeals affirmed, as Defendant adequately preserved his challenges to the People’s claimed exclusions, and the merits of Defendant’s motion were not challenged on appeal. View "People v. Allard" on Justia Law