PEOPLE v. STIRRUP


91 N.Y.2d 434 (1998)

694 N.E.2d 434

671 N.Y.S.2d 433

The People of the State of New York, Appellant, v. Roderick Stirrup, Respondent.

Court of Appeals of the State of New York.

Decided April 7, 1998.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for appellant.

Matthew M. Cordrey, New York City, for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.


CIPARICK, J.

This appeal involves a motion to dismiss an indictment for the People's failure to meet the ready-trial requirements of CPL 30.30. The chief issue presented is whether, under CPL 30.30 (5) (b), a criminal action may be deemed to commence for ready-trial purposes when a defendant "appears" at a courthouse in response to a desk appearance ticket, but an accusatory instrument has not yet been filed...

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