PEOPLE v. NOWAKOWSKI


49 N.Y.2d 723 (1980)

The People of the State of New York, Respondent, v. Joseph Nowakowski, Appellant.

Court of Appeals of the State of New York.

Decided February 5, 1980.


Attorney(s) appearing for the Case

Samuel J. Castellino, Public Defender (M. Joseph Danaher of counsel), for appellant.

D. Bruce Crew, III, District Attorney (James Hayden of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be modified and the case remitted to County Court for reconsideration of the CPL 30.30 motion to dismiss the indictment following an appropriate hearing.

We conclude that it was error for the court to have disposed of the motion to dismiss in this instance, disclosing on its face an extended delay, on the inadequate, skeletal record before it.

Accordingly...

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