PEOPLE v. LABATE

No. 28.

2024 NY Slip Op 01582

THE PEOPLE & C., Appellant, v. PATRICK LABATE, Respondent.

Court of Appeals of New York.

Decided March 21, 2024.


Attorney(s) appearing for the Case

Amanda R. Iannuzzi , for appellant.

Brian Perbix , for respondent.

Opinion by Chief Judge Wilson. Judges Rivera, Cannataro and Halligan concur. Judge Troutman dissents in an opinion, in which Judges Garcia and Singas concur.


After filing an off-calendar statement of readiness in December 2017, the People were not ready on the first scheduled trial date of September 5, 2018. The People requested a 12-day adjournment without explanation, and the trial court adjourned the trial to October 18, 2018. On the next two dates set for trial, October 18th...

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