PEOPLE v. OSGOOD


52 N.Y.2d 37 (1980)

The People of the State of New York, Respondent, v. Ruby Osgood, Appellant. The People of the State of New York, Respondent, v. Jocelyn Haynes, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1980.


Attorney(s) appearing for the Case

Erica Horwitz and William E. Hellerstein for appellant in the first above-entitled action.

Eugene Gold, District Attorney (Peter Weinstein of counsel), for respondent in the first above-entitled action.

Susan C. Thon and William E. Hellerstein for appellant in the second above-entitled action.

Eugene Gold, District Attorney (A. David Stern of counsel), for respondent in the second above-entitled action.

Judges GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER; Judge MEYER dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge JASEN concur.


WACHTLER, J.

The question on these appeals is whether the prosecutor's statutory obligation to be ready for trial within six months after commencing a felony action against the accused (CPL 30.30, subd 1, par [a]) should be postponed when the felony complaint, the initial accusatory instrument, is dismissed because of the prosecutor's inexcusable failure to prosecute.

In People v Haynes, the defendant...

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