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PEOPLE v. SIBBLIES

No. 44

22 N.Y.3d 1174 (2014)

8 N.E.3d 852

985 N.Y.S.2d 474

2014 NY Slip Op 2377

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARSHA SIBBLIES, Appellant.

Court of Appeals of New York.

Decided April 8, 2014.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Jonathan Garelick of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Kayonia L. Whetstone and Joseph N Ferdenzi of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Chief Judge LIPPMAN concurs in an opinion in which Judges SMITH and RIVERA concur; Judge GRAFFEO concurs in an opinion in which Judges READ and PIGOTT concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

MEMORANDUM.

Order reversed and information dismissed. Defendant's motion to dismiss the information under CPL 30.30 should have been granted.

Chief Judge LIPPMAN (concurring).

The Court is unanimous in holding that the People did not meet their CPL 30.30 speedy trial obligation to be timely ready for trial and, as a result, the misdemeanor information should be dismissed...

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