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Decisions

Court of Appeals Affirms Dismissal of Indictment on Speedy Trial Grounds

October 20, 2016

Mr. Dru Allard moved under C.P.L. 30.30 in the trial court to dismiss the indictment on speedy trial grounds.  The People opposed, citing the complainant's unavailability as cause for the delay, and the court summarily denied the motion without a hearing.  The Appellate Department later remanded for a hearing, ruling that the trial court had erred by summarily denying the motion and that Mr. Allard had preserved this claim by seeking a hearing in his original motion papers.  Following the hearing, the trial court granted Mr. Allard's 30.30 motion and dismissed the indictment, and the Second Department affirmed.

In their appeal to the New York Court of Appeals, the People claimed that Mr. Allard's failure to file a reply to their papers opposing his 30.30 motion meant that he had not preserved his claim that the trial court erred by summarily denying his motion without a hearing.

In a decision dated October 20, 2016, the Court of Appeals rejected the People’s argument and affirmed.  The Court ruled that Mr. Allard had preserved his request for a hearing in light of his motion papers, and that the trial court had erred by summarily denying that motion because the People had failed to prove the exclusion they sought regarding the complainant's unavailability with unquestionable documentary proof.

Joshua Levine briefed and argued the case in the Court of Appeals.