PEOPLE v. VASQUEZ


133 Misc.2d 963 (1986)

The People of the State of New York, Plaintiff, v. Nicholas Vasquez, Defendant.

Supreme Court, Criminal Term, Queens County.

November 24, 1986


Attorney(s) appearing for the Case

Jeffrey Nash for defendant. John J. Santucci, District Attorney (Philip Simpson of counsel), for plaintiff.


LEON A. BEERMAN, J.

This case presents the following novel and important question: Can a prosecutor circumvent the requirement that he be ready to try a misdemeanor case within 60 or 90 days (as the case may be) of the commencement of the action, by initially charging the defendant with a felony, reducing the charge to a misdemeanor at Criminal Court arraignment, and then obtaining an indictment after the misdemeanor case has been dismissed and the time...

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