PEOPLE v. BROWN

No. 193, 194, 195.

28 N.Y.3d 392 (2016)

68 N.E.3d 45

45 N.Y.S.3d 320

2016 NY Slip Op 08482

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BROWN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRENCE YOUNG, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EARL CANADY, Respondent.

Court of Appeals of New York.

Decided December 20, 2016.


Attorney(s) appearing for the Case

Robert DiDio & Associates, Kew Gardens (Danielle Muscatello of counsel), for appellant in the first above-entitled action.

Cyrus R. Vance, Jr., District Attorney, New York City (Sylvia Wertheimer and Patrick J. Hynes of counsel), for respondent in the first above-entitled action.

The Legal Aid Society, New York City (Thomas M. O'Brien of counsel), for the Legal Aid Society, amicus curiae.

Cleary Gottlieb Steen & Hamilton LLP, New York City (Ari D. MacKinnon, Darryl G. Stein and Molly B. Calkins of counsel), for The Bronx Defenders, amicus curiae.

Thomas P. Zugibe, District Attorneys Association of the State of New York (Sarah S. Rabinowitz, Morrie I. Kleinbart, Itamar J. Yeger and Tammy J. Smiley), for District Attorneys Association of the State of New York, amicus curiae.

Seymour W. James, Jr., The Legal Aid Society, New York City (Jonathan Garelick of counsel), for appellant in the second above-entitled action.

Kenneth P. Thompson, District Attorney, Brooklyn (Leonard Joblove, Seth M. Lieberman and Jill Oziemblewski of counsel), for respondent in the second above-entitled action.

Kenneth P. Thompson, District Attorney, Brooklyn (Seth M. Lieberman, Leonard Joblove, Ann Bordley and Eric Gonzalez of counsel), for appellant in the third above-entitled action.

Seymour W. James, Jr., The Legal Aid Society, New York City (Andrew C. Fine of counsel), for respondent in the third above-entitled action.


OPINION OF THE COURT

In each of these appeals, defendants moved to dismiss the accusatory instrument on speedy trial grounds pursuant to CPL 30.30 (1) arguing that the People's off-calendar statements of readiness were illusory because the People were not ready for trial at the next court appearance. The common issue —...

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