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PEOPLE v. CARTHON

2014-2437 KCR.

53 Misc.3d 88 (2016)

41 N.Y.S.3d 651

2016 NY Slip Op 26216

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. REUBEN CARTHON, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 23, 2016.

Attorney(s) appearing for the Case

Kenneth P. Thompson, District Attorney, Brooklyn (Ann Bordley, Leonard Joblove and Seth M. Lieberman of counsel), for appellant.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed.

At issue on this appeal is whether the People's declaration of unreadiness in court due to the arresting officer's unavailability rendered their prior off-calendar statement of readiness illusory. We conclude that, under the circumstances of this case, it did.

Insofar as is relevant to this appeal, defendant was charged in May 2013 with leaving the scene of an incident without...

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