PEOPLE v. RODRIGUEZ

Ind. Nos. 786/15, 786/15. Appeal No. 12779. Case No. 2018-3545.

190 A.D.3d 429 (2021)

2021 NY Slip Op 00030

The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant.

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

Decided January 5, 2021.


Attorney(s) appearing for the Case

Janet Sabel , The Legal Society, New York ( Lorca Morello of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Jennifer L. Watson of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.


Defendant's speedy trial motion was properly denied. The court properly excluded a dispositive 95-day adjournment between October 9, 2015 and January 12, 2016. The minutes of the calendar call on October 9, 2015 show that the Assistant District Attorney appearing on the case advised the court, based on a note from the assigned assistant, that the assigned assistant had spoken to defense counsel, and they had agreed to an adjournment. Defense counsel did not confirm or deny...

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