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PEOPLE v. SMIETANA

98 N.Y.2d 336 (2002)

774 N.E.2d 743

746 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SMIETANA, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 2002.

Attorney(s) appearing for the Case

David J. Pajak, Buffalo, for appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Jonathan E. Gradess, Albany, and Alfred O'Connor for New York State Defenders Association, amicus curiae.

John C. Tunney, District Attorney, Bath, and Richard E. Weill for New York State District Attorneys Association, amicus curiae.

Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur with Judge GRAFFEO; Chief Judge KAYE dissents and votes to reverse and dismiss the accusatory instrument in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

GRAFFEO, J.

Defendant was convicted of harassment in the second degree after a nonjury trial. On appeal, he contends that the charge should have been dismissed on statutory speedy trial grounds. We disagree.

An information signed by a police officer was filed in Buffalo City Court on June 5, 1998 charging defendant with criminal contempt in the second degree, a class A misdemeanor...

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