(DOWNLOAD) "People State New York v. Frank Anderson" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Frank Anderson
- Author : Court of Appeals of New York
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
[66 N.Y.2d 529 Page 534] Opinion OF THE COURT Although CPL 30.30 (3) (b) recognizes the right of a defendant to move for dismissal after the People have answered ready, that provision simply preserves for the People such portion of the readiness period established by the section as remained available when readiness was originally declared, in the limited situation where some exceptional fact or circumstance, occurring after the initial readiness response, makes it impossible for the People to proceed. The rules governing postreadiness failures on the part of the People differ from those relating to prereadiness default on their part not only in the exceptional fact or circumstance requirement but also because on a postreadiness motion only delay by the People is to be considered, except as subdivision 4 otherwise requires. Even as to a postreadiness failure, however, the criminal action should not be dismissed if the failure, although it affected defendant's ability to proceed with trial, had no bearing on the People's readiness, or if a lesser corrective action, such as preclusion or continuance, would have been available had the People's postreadiness default occurred during trial. In each case, therefore, the order of the Appellate Division should be affirmed.
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