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PEOPLE v. SCOTT

242 A.D.2d 478 (1997)

662 N.Y.S.2d 476

The People of the State of New York, Appellant, v. Daniel Scott, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

September 23, 1997

Since the People repeatedly failed to exercise due diligence in attempting to produce defendant from Federal custody (see, CPL 30.30 [4] [e]), the court properly charged the People with the adjournment time periods caused by those failures. A hearing was unnecessary since there were no material factual issues that could not be resolved upon the parties' submissions. The People failed to pursue statutorily prescribed methods...

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