PEOPLE v. GOODMAN


41 N.Y.2d 888 (1977)

The People of the State of New York, Respondent, v. Ernest L. Goodman, Appellant.

Court of Appeals of the State of New York.

Decided February 24, 1977.


Attorney(s) appearing for the Case

Douglas P. Rutnik, Public Defender (Joseph M. Brennan of counsel), for appellant.

Sol Greenburg, District Attorney (Lois A. White of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and JONES concur in memorandum; Dissent: Judges FUCHSBERG, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.


MEMORANDUM.

The trial court has found, and the Appellate Division affirmed the finding, that the victim of the assault was unavailable to testify against the defendant for a substantial period of time following the assault as a result of the injuries that she sustained. CPL 30.30 (subd 4, par [g]) allows exceptional circumstances to justify periods of delay not expressly covered by the statute, even in the absence of a formal...

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