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MATTER OF VELOZ v. ROTHWAX

65 N.Y.2d 902 (1985)

In the Matter of Marcos Veloz, Respondent, v. Harold Rothwax, as Acting Justice of the Supreme Court, New York County, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 11, 1985.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Vija Kemanis of counsel), for appellants.

Michele Maxian and Caesar D. Cirigliano for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, without costs, and the petition dismissed.

CPL 255.20 (1) prescribes a minimum, fixed time period of 45 days in which a defendant may make pretrial motions. This provision carefully balances considerations of judicial economy (People v Lawrence, 64 N.Y.2d 200, 204-205) with defendant's need for adequate...

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