People v. Alvarado, 281 A.D.2d 318 (N.Y. App. Div. 2001). · Go Syfert
People v. Alvarado, 281 A.D.2d 318 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Salaman (2×)
N.Y. Crim. Ct. · 2025 · confidence medium
People v Whitley , 68 AD3d 790 (2d Dept 2009); see also People v Worley , 66 NY2d [*6]523, 527 (1985); People v Alvarado , 281 AD2d 318, 319 (1st Dept 2001).
cited Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2021 · confidence medium
People v Alvarado , 281 AD2d 318, 319 [1st Dept 2001], lv denied 96 NY2d 859 [2001]).
cited Cited as authority (rule) People v. Rodriguez
N.Y. App. Div. · 2021 · confidence medium
People v Alvarado , 281 AD2d 318, 319 [1st Dept 2001], lv denied 96 NY2d 859 [2001]).
discussed Cited as authority (rule) People v. Whitley
N.Y. App. Div. · 2009 · confidence medium
Contrary to the determination of the Supreme Court, the People should not have been charged with the 27-day period of delay between September 6, 2007 and October 3, 2007 since a newly appointed defense counsel requested an adjournment over that period to familiarize himself with the case (see People v Worley, 66 NY2d 523, 527 [1985]; People v Alvarado, 281 AD2d 318, 319 [2001]).
discussed Cited as authority (rule) People v. Reed
N.Y. App. Div. · 2005 · confidence medium
That the purpose of this postreadiness adjournment was for defendant to file a pretrial omnibus motion is confirmed by two undisputed facts: defendant actually filed such a motion off-calendar on March 29 (see People v Alvarado, 281 AD2d 318, 319 [2001], lv denied 96 NY2d 859 [2001] [record was sufficiently clear that postreadiness adjournment was granted at request of substitute defense counsel, who was appointed only three days earlier]), and defense counsel made no objection to the court’s declaration on February 29 that “time [is] excluded, thank you very much.” Thus, it is clear fro…
discussed Cited "see, e.g." People v. Rouse
N.Y. App. Div. · 2008 · signal: see also · confidence low
Although defendant maintains that newly appointed counsel made no request for an adjournment and neither that attorney nor her own counsel gave express consent to an adjournment, the codefendant was still effectively “without counsel” within the meaning of the statute, since counsel had just been assigned and had no knowledge of the case (cf. People v Gil, 285 AD2d 7 [2001] [attorney rendered ineffective assistance by agreeing to proceed to trial on day of arraignment, without any preparation, discovery or motions]; see also People v Alvarado, 281 AD2d 318 [2001], lv denied 96 NY2d 859 [20…
discussed Cited "see, e.g." People v. Eliopoulos
N.Y. App. Div. · 2002 · signal: see also · confidence low
In this complex, multi-defendant case, the record supports the court’s various findings of excludability, including its findings that certain adjournments were on consent (see, People v Delacruz, 241 AD2d 328 , lv denied 90 NY2d 939 ), resulted from defense motions and the People’s need for reasonable periods to respond (see, People v Robinson, 225 AD2d 399, 401 , lv denied 88 NY2d 884 ), resulted from unsuccessful plea negotiations and the People’s subsequent need for a reasonable time to prepare for trial (see, People v Delvalle, 265 AD2d 174, 175 , lv denied 94 NY2d 879 ; see also, Pe…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Blass Alvarado
Appellate Division of the Supreme Court of the State of New York.
Mar 22, 2001.
281 A.D.2d 318
Cited by 7 opinions  |  Published

—Judgment,[*319] Supreme Court, New York County (Marcy Kahn, J.), rendered January 15, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant’s speedy trial motion was properly denied. The issue turns on the court’s exclusion of a 27-day post-readiness adjournment beginning on June 25, 1998. The minutes of that adjournment reveal defense counsel’s immediate announcement that he had just been assigned, followed by an unrecorded bench conference, followed by the court’s inquiry of defense counsel whether July 22 was an acceptable date and defense counsel’s agreement. It is undisputed that defense counsel was appointed to replace defendant’s former counsel no more than three days prior to June 25. The record is sufficiently clear as to the reason for the adjournment. The motion court correctly determined that “absent any specific factual allegations to the contrary, the implication from the circumstances is that the adjournment was granted at the request of defense counsel.” Significantly, in his moving papers and subsequent proceedings on the speedy trial motion, defendant did not deny the prosecutor’s explanation for the adjournment at issue or otherwise challenge it (see, People v Notholt, 242 AD2d 251, 252). Concur — Andrias, J. P., Ellerin, Rubin, Saxe and Friedman, JJ.