PEOPLE v. ANDREWS


306 A.D.2d 166 (2003)

763 N.Y.S.2d 540

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMAL ANDREWS, Respondent.

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

Decided June 19, 2003.


The court properly dismissed the indictment. The 140-day delay from June 12 to October 30, 2001 was properly charged to the People. The record, which the People had the burden to clarify, does not support their contention that the case was adjourned for the People to submit opposition papers regarding a motion that had been resolved during the June 12 court appearance, and/or for the court's continued consideration of the motion. Therefore, that period was properly charged...

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