People v. Gushlaw, 112 A.D.2d 792 (N.Y. App. Div. 1985). · Go Syfert
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People v. Gushlaw, 112 A.D.2d 792 (N.Y. App. Div. 1985). Cases Citing This Book View Copy Cite
5 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Strauss (nyappdiv, 2020-01-31)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Strauss
N.Y. App. Div. · 2020 · confidence medium
Thus, defendant met his initial burden on the motion of establishing that the People were not ready for trial within six months, and the burden shifted to the People to establish time periods that were chargeable to the defense ( see People v Berkowitz , 50 NY2d 333, 349 [1980]; People v Gushlaw [appeal No. 2], 112 AD2d 792, 793 [4th Dept 1985], lv denied 66 NY2d 919 [1985]).
discussed Cited as authority (rule) People v. Lewis
N.Y. App. Div. · 2019 · confidence medium
At the hearing on defendant's speedy trial motion, however, the People established that most of the prereadiness delay was excludable ( see generally People v Berkowitz , 50 NY2d 333, 348-349 [1980]; People v Gushlaw [appeal No. 2], 112 AD2d 792, 793 [4th Dept 1985], lv denied 66 NY2d 919 [1985]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Randy Gushlaw
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 1985.
112 A.D.2d 792
Cited by 3 opinions  |  Published

Order unanimously affirmed. Memorandum: Although the court erred in granting defendant’s motion to dismiss the indictment pursuant to CPL 30.30 without holding a hearing (see, People v Russo, 78 AD2d 557), the defect was cured when the court held a hearing on the People’s motion to reargue. It was also error to charge the People with the 19 days during which they failed to furnish the minutes of the Grand Jury proceedings. CPL 30.30 is a trial readiness rule; delay occasioned by the People’s failure to comply with discovery requests does not affect their continued readiness to proceed to trial (see, People v Alicea, 109 AD2d 1083; People v Runion, 107 AD2d 1080). In the context of these proceedings, however, the error was harmless (see, People v Gushlaw [appeal No. 2], 112 AD2d 792). (Appeal from order of Onondaga County Court, Cunningham, J. — CPL 30.30.) Present — Dillon, P. J., Hancock, Jr., Denman, Green and Pine, JJ.