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People v. Salgado

Other Lower Courts

June 2, 2004

The People of the State of New York
v.
Eddie Salgado, Defendant.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

For Defendant: Daniel T. Mentzer, Esq., Mentzer & Higgins, LLP.

For the People: Lawrence D. Piergrossi, Assistant District Attorney

OPINION

Troy K. Webber, J.

Defendant is charged by indictment with inter alia, Attempted Murder in the Second Degree (PL 110/125.25 [1]).

Defendant, by Notice of Motion dated February 23, 2004, moved for dismissal of the indictment pursuant to CPL ยงยง30.30 [1][a] and 210.20 [1][g]. Specifically, defendant asserts that the People were not ready to proceed to trial within the statutory period. The People oppose the defendant's motion.

The People are required to be ready for trial within six months of the commencement of a criminal action in which the defendant has been charged with a felony. CPL 30.30[1][a]. In this case the relevant period would be one hundred and eighty-four (184) days.

Based upon the motion papers submitted, the Court file, as well as the minutes from the respective calendar appearances, this Court makes the following findings:

The defendant was arraigned on the instant charges on March 9, 2002. At his arraignment, defendant served notice pursuant to CPL 190.50 of his intent to testify before the Grand Jury. Bail was set and the case was adjourned to March 14, 2002 in Pt. F for Grand Jury action. The People concede this time period is includable. This five (5) day period is charged to the People.

On March 14, 2002, the Court file indicates that defense counsel waived defendant's rights pursuant to CPL 180.80. The case was adjourned to March 20, 2002. This period constituted a delay in presentation of the case to a Grand Jury occasioned by a defendant's desire to testify. As such, it is excludable. CPL 30.30[4][b]; People v. Daniels, 217 A.D.2d 448 [1st Dept 1995], appeal dismissed 88 N.Y.2d 917 [1996].

On March 20, 2002, the defendant requested March 26, 2002 to testify before the Grand Jury and the case was adjourned to Part B for Supreme Court arraignment. Subsequently, by letter dated March 25, 2002, defense counsel withdrew defendant's request to testify before the Grand Jury. However, by letter dated March 26, 2002, defense counsel renewed defendant's request to testify before the Grand Jury and the defendant waived his rights pursuant to CPL 180.80 until Thursday, March 28, 2002. On March 26, 2002, the defendant testified before the Grand Jury. The People concede that a true bill was voted on that date. The six (6) day period from March 20, 2002 to March 26, 2002 is not charged to the People. This period constituted a delay in presentation of the case to a Grand Jury occasioned by a defendant's desire to testify. The People are charged seventeen (17) days -- from March 26, 2002 to April 12, 2002.

The defendant was arraigned on the instant indictment on April 12, 2002 in Part B and the case was adjourned to the Motion and Conference Part for May 9, 2002. On that date, it appears that the People answered ready to ...


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