538 N.E.2d 336, 540 N.Y.S.2d 984
Court of Appeals of the State of New York.
Decided March 30, 1989
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, James W. Hutcherson, J.
Joel A. Siegel for appellant.
Elizabeth Holtzman, District Attorney (Michael Gore of counsel), for respondent.
Page 958
MEMORANDUM.
The order of the Appellate Division should be reversed and the indictment dismissed.
The court should have granted the defendant’s motion to dismiss on speedy trial grounds (CPL 30.30). Defendant’s motion challenged the People’s assertion of readiness as illusory because they were unable to produce the complainant. The sworn allegations of fact essential to support defendant’s motion were conceded by the People when they failed to submit opposition papers contesting these allegations (People v Gruden, 42 N.Y.2d 214). Under these circumstances the court is required by statute to grant the motion (CPL 210.45 [4] [c]; see also, People v Gonzalez, 116 A.D.2d 735).
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.
27 N.Y.S.2d 198 CORDAS et al. v. PEERLESS TRANSP. CO. et al. City Court of…
222 N.Y. 88 (1917) Dec 4, 1917 · New York Court of Appeals Otis F. Wood, Appellant,…
81 A.D.2d 434 (1981) 440 N.Y.S. 2d 941 Aharon Rahabi, Appellant, v. Jack Morrison et…
48 Misc.2d 345 (1965) In the Matter of The Estate of Joseph Schlinger, Deceased. Surrogate's…
103 A.D.2d 632 (1984)481 N.Y.S. 2d 545 Angelo J. Bartolone, Appellant, v. Lynne A. L.…
Matter of C.C. v D.C. 2025 NY Slip Op 05017 Decided on September 18, 2025…