From Casetext: Smarter Legal Research

People v. Burney

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 1982
90 A.D.2d 959 (N.Y. App. Div. 1982)

Opinion

November 9, 1982

Appeal from the Monroe County Court, Bergin, J.

Present — Dillon, P.J., Simons, Callahan, Boomer and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's motion to dismiss pursuant to CPL 30.30 was properly denied without a hearing. Under the calendar rules of Monroe County, the People "communicate[d] readiness for trial" (see People v Hamilton, 46 N.Y.2d 932, 933) when the case was placed upon the Trial Calendar by the court without objection by the District Attorney ( People v Passero, 83 A.D.2d 769, application for lv to app den 54 N.Y.2d 765; see, also, People v Campbell, 90 A.D.2d 967; People v Kellerson, 84 A.D.2d 965, application for lv to app den 55 N.Y.2d 830; People v Everett, 75 A.D.2d 1026, application for lv to app den 50 N.Y.2d 1001; and cf. People v Brothers, 50 N.Y.2d 413). We have considered defendant's other points and find them to be without merit.


Summaries of

People v. Burney

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 1982
90 A.D.2d 959 (N.Y. App. Div. 1982)
Case details for

People v. Burney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BURNEY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 1982

Citations

90 A.D.2d 959 (N.Y. App. Div. 1982)

Citing Cases

People v. Horney

Indeed, the People so concede in their brief. Also absent from the record is any documentary proof that the…

People v. Campbell

In proceedings of May 16, 1980, the court, on application of defendant, ordered this case to the Trial…