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PEOPLE EX REL. LATTA v. MORGENTHAU

2823, 3782/07

73 A.D.3d 593 (2010)

901 N.Y.S.2d 44

THE PEOPLE OF THE STATE OF NEW YORK ex rel. DOUGLAS LATTA, Appellant, v. ROBERT M. MORGENTHAU, District Attorney, New York County, et al., Respondents.

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

Decided May 20, 2010.

The court erred in dismissing the petition as a collateral attack on the speedy trial decision of the court handling the criminal case. While "[h]abeas corpus does not lie to determine whether the right to a speedy trial has been denied in a pending criminal action" (People ex rel. Harrison v Greco, 38 N.Y.2d 1025, 1025 [1976]), where the relief sought by petitioner is release pursuant to CPL 30.30 (2) (a), such a claim is cognizable...

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