PEOPLE v. ALVAREZ

Ind. No. 2818/14. Appeal No. 13754. Case No. 2017-1210.

194 A.D.3d 618 (2021)

2021 NY Slip Op 03286

The People of the State of New York, Respondent, v. Bianca Alvarez, Appellant.

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

Decided May 25, 2021.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Kami Lizarraga of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Shera Knight of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Moulton, Scarpulla, JJ.


Over the two years preceding trial of this uncomplicated case, the prosecution obtained repeated adjournments that delayed defendant's trial for 247 days, well over the 184-day limit set forth under CPL 30.30, precisely the sort of unfair prejudice to the accused the statute was enacted to prevent. We accordingly reverse and dismiss the indictment.

The six-month period set forth in the statute runs from "the filing of the first accusatory instrument and the People...

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