[DOWNLOAD] "People State New York v. William Mckenna" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. William Mckenna
- Author : Court of Appeals of New York
- Release Date : January 08, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
[76 N.Y.2d 59 Page 61] Opinion OF THE COURT This appeal requires us to revisit the problem of applying CPL 30.30's strictures to "postreadiness"
delays occasioned by the actions, or inaction, of the People. In the leading case, People v Anderson (66 N.Y.2d 529), we held
that once the People have declared their readiness on the record, their subsequent delays in producing Rosario material and
complying with certain other discovery obligations do not ordinarily render the indictment subject to dismissal under CPL
30.30, since delays of this nature do not affect the People's readiness to proceed to trial and, in any event, there exist
other statutory sanctions for such delays. Applying the same analysis for "postreadiness" delays that we used in Anderson,
we now conclude that a different result must ensue when, without justification or excuse, the People delay in producing Grand
Jury minutes required for judicial resolution of the defendant's pretrial CPL 210.30 motion.
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