PEOPLE v. COLE


73 N.Y.2d 957 (1989)

The People of the State of New York, Respondent, v. Michael Cole, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1989.


Attorney(s) appearing for the Case

Joel A. Siegel for appellant.

Elizabeth Holtzman, District Attorney (Michael Gore of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

The court should have granted the defendant's motion to dismiss on speedy trial grounds (CPL 30.30). Defendant's motion challenged the People's assertion of readiness as illusory because they were unable to produce the complainant. The sworn allegations of fact essential to support defendant's motion were conceded by the...

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