PEOPLE v. ANDERSON


66 N.Y.2d 529 (1985)

The People of the State of New York, Respondent, v. Frank Anderson, Appellant. The People of the State of New York, Respondent, v. Michael Jones, Appellant. The People of the State of New York, Respondent, v. Nelson Salsedo, Appellant. The People of the State of New York, Respondent, v. Roger Allen, Appellant. The People of the State of New York, Respondent, v. Jose Alicea, Appellant.

Court of Appeals of the State of New York.

Decided December 26, 1985.


Attorney(s) appearing for the Case

Lisabeth Harrison, William E. Hellerstein and Philip L. Weinstein for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney (Steven Chananie and Norman Barclay of counsel), for respondent in the first above-entitled action.

Daniel E. Rosen and William E. Hellerstein for appellant in the second above-entitled action.

Elizabeth Holtzman, District Attorney (Roseann B. MacKechnie and Barbara D. Underwood of counsel), for respondent in the second above-entitled action.

Ruth S. Sharfman and William E. Hellerstein for appellant in the third above-entitled action.

Robert M. Morgenthau, District Attorney (Phyllis A. Monroe and Amyjane Rettew of counsel), for respondent in the third above-entitled action.

Judith Waksberg and William E. Hellerstein for appellant in the fourth above-entitled action.

Robert M. Morgenthau, District Attorney (Donna Krone and Amyjane Rettew of counsel), for respondent in the fourth above-entitled action.

John L. Goodell for appellant in the fifth above-entitled action.

John T. Ward, District Attorney, for respondent in the fifth above-entitled action.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and TITONE concur; Judge ALEXANDER taking no part.


MEYER, J.

Although CPL 30.30 (3) (b) recognizes the right of a defendant to move for dismissal after the People have answered ready, that provision simply preserves for the People such portion of the readiness period established by the section as remained available when readiness was originally declared, in the limited situation where "some exceptional fact or circumstance," occurring after the initial readiness...

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