prosecutor to both defense (New York) · Go Syfert
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prosecutor to both defense in New York

41 New York opinions name it 10 courts 1985–2026 14 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Kendziagreen
ny · 1985 · cited in 34 New York opinions naming this issue, 1990–2026
2 sentences

2026A valid statement of readiness requires "either a statement of readiness by the prosecutor in open court, transcribed by a stenographer, or recorded by the clerk or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record." People v Kendzia , 64 NY2d 331, 337 (1985).

2026This requires either a statement of readiness by the prosecutor in open court, transcribed by a stenographer, or recorded by the clerk or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record." ( People v Kendzia , 64 NY2d 331, 337 [1985].) Second, the People must make the statement of readiness when "the People are in fact ready to proceed.

2234
People v. Chavisgreen
ny · 1998 · cited in 6 New York opinions naming this issue, 2014–2025
2 sentences

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

66
People v. Andersongreen
nyappdiv · 1998 · cited in 3 New York opinions naming this issue, 2026–2026
2 sentences

2026When the People file an off-calendar statement of readiness, they must also promptly notify the defense ( Kendzia , 64 NY2d at 337; People v Anderson , 252 AD2d 399, 400 [1st Dept 1998]).

2026When the People file an off-calendar statement of readiness, they must also promptly notify the defense ( Kendzia , 64 NY2d at 337 ; People v Anderson , 252 AD2d 399, 400 [1st Dept 1998]).

33
People v. Browngreen
ny · 2016 · cited in 3 New York opinions naming this issue, 2024–2026
2 sentences

2026A statement of readiness can be made "in open court, transcribed by a stenographer," or may take the form of "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk." Id. at 403 (internal quotation marks and citation omitted).

2026A statement of readiness can be made "in open court, transcribed by a stenographer," or may take the form of "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk." Id. at 403 (internal quotation marks and citation omitted).

23
People v. Cartergreen
ny · 1998 · cited in 2 New York opinions naming this issue, 2015–2025
2 sentences

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

22
People v. Smithgreen
ny · 1993 · cited in 2 New York opinions naming this issue, 1998–2025
2 sentences

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

12
People v. Wilsongreen
ny · 1995 · cited in 1 New York opinions naming this issue, 2025–2025
2 sentences

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

2025It is well settled that the requisite "readiness for trial" can be accomplished by "a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" "at a time when the People are truly ready to proceed" ( People v Brown , 28 NY3d 392, 403-404 [2016] [internal quotation marks and citations omitted]; see also People v Chavis , 91 NY2d 500, 505 [1998]; People v Carter , 91 NY2d 795, 798 [1998]; People v Wilson , 86 NY2d 753, 754 [1995]; People v Smith , 82 NY2d 676, 678 [1993]; People v Kendzia , 64 NY2d 331, 337 [1985]).

11
People v. Robbinsgreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017“It is the People’s burden to ensure that the record of the proceedings is sufficiently clear to enable the court to make an informed decision on a speedy trial motion” (People v Robbins, 223 AD2d 735, 737 [1996]; see People v Collins, 82 NY2d 177, 182 [1993]). *620 Here, the County Court properly found that the People failed to submit any evidence to meet their burden of establishing that they had declared themselves ready for trial within the prescribed period.

11
People v. Collinsgreen
ny · 1993 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017“It is the People’s burden to ensure that the record of the proceedings is sufficiently clear to enable the court to make an informed decision on a speedy trial motion” (People v Robbins, 223 AD2d 735, 737 [1996]; see People v Collins, 82 NY2d 177, 182 [1993]). *620 Here, the County Court properly found that the People failed to submit any evidence to meet their burden of establishing that they had declared themselves ready for trial within the prescribed period.

11
People v. Caussadegreen
nyappdiv · 1990 · cited in 1 New York opinions naming this issue, 2015–2015
1 sentence

2015(People v Caussade, 162 AD2d 4, 8 [2d Dept 1990].) For the purposes of CPL 30.30, the People must communicate their readiness for trial either by means of a “statement of readiness by the prosecutor in open court, transcribed by a stenographer, or recorded by the clerk,” or by means of “a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record.” (Kendzia, 64 NY2d at 337 .) In People v Carter ( 91 NY2d 795, 799 [1998]), the New York State Court of Appeals held that where the defendant was indicted and the Pe

11
People v. Perregreen
nysupct · 1997 · cited in 1 New York opinions naming this issue, 2011–2011
1 sentence

2011This requires either a statement of readiness by the prosecutor in open court ... or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record” (emphasis added; see also People v Perre, 172 Misc 2d 976, 979 [Sup Ct, NY County 1997] [“(S)tatements (of readiness) were effective when made and filed with the court”]).

11
People v. Colegreen
nyappdiv · 1982 · cited in 1 New York opinions naming this issue, 1992–1992
1 sentence

1992(People v Kendzia, 64 NY2d 331, 337 .) If the prosecutor’s statement of readiness in open court is made without defense counsel present, the prosecutor must "promptly notify him of the statement of readiness” (People v Kendzia, supra, at 337 , n; see, People v Cole, 90 AD2d 27 ).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Cenatgreen
nycrimct · 1997 · cited in 1 New York opinions naming this issue, 2000–2000
1 sentence

2000Thus, respectfully, this court declines to follow the holding in Cenat (supra).

11

Also cited on this issue (8)

CaseCitedYears
People v. Sutton green
nyappdiv · 1993
2 sentences

1997The instant case is distinguishable from People v Sutton ( 199 AD2d 878 ).

1997The People may communicate their readiness by making a statement of readiness "in open court, transcribed by a stenographer, or recorded by the clerk or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record” (People v Kendzia, 64 NY2d 331, 337 ; People v Sutton, 199 AD2d 878, 879 ; People v Gibson, 126 AD2d 894, 895 ).

21997–1997
People v. Licius green
ny · 2025
1 sentence

2026The statute contemplates an indication of present readiness, not a prediction or expectation of future readiness." ( Id. ) The New York City Administrative Code provides rules for the filing of electronic documents in the Supreme Courts and County Courts. 22 NYCRR 202.5-c(a) provides that "Court documents may be transmitted to the courts of the unified court system by means of the [EDDS] only to the extent and in the manner provided in this section." 22 NYCRR 202.5—c (c)(3) states that documents sent through EDDS "shall not be deemed filed until the clerk of such court or his or her designee s

12026–2026
People v. Osorio neutral
nyappdiv · 2007
1 sentence

2015The Court stated, “[i]n the absence of proof that the readiness statement did not accurately reflect the People’s position or that the mailing was made in bad faith, the People discharged their duty under CPL 30.30.” (Id.) In People v Osorio ( 39 AD3d 400 [1st Dept 2007]), the Court found that the SOR was effective when it was mailed to an attorney who had appeared in court for the defendant on numerous occasions but who was not the attorney who had been assigned to represent the defendant in the matter before the court because “both attorneys were employed by the same institutional defender a

12015–2015
People v. Stiles green
ny · 1987
1 sentence

2013This requires either a statement of readiness by the prosecutor in open court ... or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record.” Thus, excluding the day of arraignment from our calculations (see People v Stiles, 70 NY2d 765 [1987]; People v Eckert, 117 Misc 2d 504 [Syracuse City Ct 1983]), the People are only charged with one day for the time between April 22, 2013 and May 10, 2013.

12013–2013
People v. Eckert green
nysyrcityct · 1983
1 sentence

2013This requires either a statement of readiness by the prosecutor in open court ... or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record.” Thus, excluding the day of arraignment from our calculations (see People v Stiles, 70 NY2d 765 [1987]; People v Eckert, 117 Misc 2d 504 [Syracuse City Ct 1983]), the People are only charged with one day for the time between April 22, 2013 and May 10, 2013.

12013–2013
People v. Brothers green
ny · 1980
1 sentence

1998Delays caused by prereadiness court congestion do not excuse the People from timely declaring their readiness for trial (People v Smith, 82 NY2d 676, 678 ; People v Brothers, 50 NY2d 413, 417 ).

11998–1998
People v. Gibson green
nyappdiv · 1987
1 sentence

1997The People may communicate their readiness by making a statement of readiness "in open court, transcribed by a stenographer, or recorded by the clerk or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk, to be placed in the original record” (People v Kendzia, 64 NY2d 331, 337 ; People v Sutton, 199 AD2d 878, 879 ; People v Gibson, 126 AD2d 894, 895 ).

11997–1997
People v. Santiago green
nyappdiv · 1983
1 sentence

1985As the prosecutor must make an affirmative representation of readiness (see, People v Santiago, 96 AD2d 720 ), he may not simply rely on the case being placed on a trial calendar.

11985–1985

Statutes the citing opinions construe

NY § N.Y. Penal Law § 240.26 (7) NY § N.Y. Penal Law § 120.00 (4) NY § N.Y. Criminal Procedure Law § 30.30 (3) NY § N.Y. Penal Law § 260.10 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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