People v. Green, 90 A.D.2d 705 (N.Y. App. Div. 1982). · Go Syfert
People v. Green, 90 A.D.2d 705 (N.Y. App. Div. 1982). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases, 2004–2022 · …a reasonable period of delay resulting from . . . pre-trial motions at p. 705 ⚠ not in text
81 citation events (39 in the last 25 years) across 8 distinct courts.
Strongest positive: People v. Solano (nyappdiv, 2022-06-07)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Solano
N.Y. App. Div. · 2022 · confidence medium
This type of delay may constitute "a reasonable period of delay resulting from . . . pre-trial motions" within the meaning of CPL 30.30 (4) (a) because the outcome of a motion may result in new circumstances, such as the need to prepare for a hearing, that would not have occurred in the absence of the motion ( see People v Green , 90 AD2d 705, 705-706 [1st Dept 1982], lv denied 58 NY2d 784 [1982]).
discussed Cited as authority (rule) People v. Garai (Bela)
N.Y. App. Term. · 2021 · confidence medium
Since the People had not previously declared their readiness for trial, the 49 days from September 8, 2016, when they stated they were not ready for trial, to October 27, 2016 are chargeable to the People, as this time is not excludable as a delay caused by court scheduling ( see People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 [*3]NY2d 331, 337 [1985]; People v Tavarez , 147 AD2d 355, 356 [1989]; People v Green , 90 AD2d 705, 706 [1982]) or an adjournment made at the request or consent of defendant ( see CPL 30.30 [4] [b]).
discussed Cited as authority (rule) People v. Shaw
N.Y. App. Term. · 2014 · confidence medium
While the prosecutor could not have been expected to go forward on July 17 in the event a hearing were ordered and was entitled to a reasonable amount of time to prepare for any such hearing (see People v Forbes, 7 AD3d 473, 474 [2004], lv denied 3 NY3d 674 [2004]; People v Green, 90 AD2d 705, 706 [1982], lv denied 58 NY2d 784 [1982]), the People’s ability to prepare for the hearing was not, so far as shown in the existing record, a factor in the court’s setting of the adjourned date.
discussed Cited as authority (rule) People v. Reed
N.Y. App. Div. · 2005 · confidence medium
After a decision is rendered on a defendant’s omnibus motion, the People are entitled to a reasonable period of time to prepare for hearings or trial mandated by such decision (CPL 30.30 [4] [a]; People v Moolenaar, 262 AD2d 60 [1999], lv denied 94 NY2d 826 [1999]; People v Green, 90 AD2d 705, 705-706 [1982], lv denied 58 NY2d 784 [1982]).
cited Cited as authority (rule) People v. Vasquez
N.Y. App. Div. · 2004 · confidence medium
People v Green, 90 AD2d 705, 706 [1982], lv denied 58 NY2d 784 [1982]), we need not decide whether the entire adjournment was excludable under CPL 30.30 (4) (a).
discussed Cited as authority (rule) People v. Bolden
N.Y. City Civ. Ct. · 2003 · confidence medium
People v Green, 90 AD2d 705, 706 [1st Dept 1982], lv denied 58 NY2d 784 [1982] [adjournment following court’s decision on suppression motion excludable].) Litigation does not, however, invariably result from the People’s filing of notice.
discussed Cited as authority (rule) People v. Teachey
N.Y. City Crim. Ct. · 1998 · confidence medium
(CPL 30.30 [4] [a]; People v Roberts, 236 AD2d 233, 234 [1st Dept 1997]; People v Greene, 223 AD2d 474 [1st Dept 1996]; People v Green, 90 AD2d 705, 706 [1st Dept 1982]; see also, People v Silas, 233 AD2d 103 [1st Dept 1996] [34 days reasonable]; People v Frazier, 171 Misc 2d 407, 412 [Sup Ct, Kings County 1997] [48 days reasonable].) (6) On June 17 the People stated they were not ready for the hearings and requested an adjournment to June 22, 1998.
discussed Cited "see" People v. Martinez-Guzman
N.Y. City Crim. Ct. · 2012 · signal: see · confidence high
Zero days are included (CPL 30.30 [4] [a]; People v Forbes, 7 AD3d 473 [1st Dept 2004] [People are entitled to reasonable time to prepare for hearings and trial]; see People v Green, 90 AD2d 705 [1st Dept 1982], lv denied 58 NY2d 784 [1982]).
discussed Cited "see" People v. Asmal-Aucapina
N.Y. City Crim. Ct. · 2008 · signal: see · confidence high
The court in Taylor also noted that “the People are entitled to a reasonable period of time to prepare for trial after the court has decided defense motions, since the People cannot be expected to predict what the outcome of the court’s decision will be” (id. at 341; see People v Green, 90 AD2d 705 [1982], supra; cf. People v Muhanimac, 181 AD2d 464 [1st Dept 1992]). .
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
John Green
Appellate Division of the Supreme Court of the State of New York.
Nov 4, 1982.
90 A.D.2d 705
Cited by 63 opinions  |  Published

Order, Supreme Court, New York County (H. Altman, J.), entered May 12, 1981, granting defendant’s motion to dismiss the indictment pursuant to CPL 30.30 (subd 1, par [a]), unanimously reversed, on the law, the indictment reinstated and the matter remanded for further proceedings not inconsistent herewith. Finding that, at a minimum, a period of 194 days was chargeable to the People in violation of defendant’s right to a speedy trial (CPL 30.30, subd 1, par [a]), Trial Term granted the motion to dismiss the indictment. At issue are two periods of contested time which were charged to the People. Review of the transcript of the October 25, 1979 proceedings reveals that the case was being adjourned to November 5, 1979 for the submission of answering papers to defendant’s renewed motion to suppress statements and identification testimony. Although the transcript may be read to yield the inference that a decision, at least to the extent of ordering a hearing, might be forthcoming on November 5, we do not find any suggestion that the People were expected to go forward on that date in the event a hearing were ordered. Moreover, the People could hardly be expected to be prepared for a hearing even before they were aware that the court was ordering one. That the court[*706] understood that both sides would require time to prepare is clear from its spontaneous remarks at the time it announced its decision on November 5 granting a Wade and Huntley hearing. The 10-day adjournment thereafter requested by the People “to be ready” was reasonable and should not have been charged to them. (People v Dean, 45 NY2d 651,657; GPL 30.30, subd 4, par [a].) That the court, for its own convenience, adjourned the matter for 15 days to November 20, 1979 does not affect the reasonableness of the adjournment. Since these 15 days should have been excluded in computing the time within which the People had to be ready, the period of time charged to them is reduced to 179 days. Contrary to Trial Term’s finding, no issue exists as to the period between February 24, 1981 and March 17, 1981. Both the Assistant District Attorney and defense counsel were actually engaged. Since, however, the circumstances underlying the adjournment from March 17, 1981 to April 1, 1981 are not apparent from the record, a hearing is required. The People contend that the victim was in Colombia during this period, and thus unavailable to testify. If this were so and the People acted with due diligence in arranging her return, this period should not be charged to them (CPL 30.30, subd 4, par [g]; see People v Goodman, 41 NY2d 888), notwithstanding that the Assistant District Attorney was also on trial during this period. Concur — Kupferman, J. P., Sandler, Sullivan and Carro, JJ.