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PEOPLE v. PERKINS

2017-05449, Ind. No. 2259/14.

175 A.D.3d 1327 (2019)

105 N.Y.S.3d 886

2019 NY Slip Op 06516

The People of the State of New York, Respondent, v. Thomas E. Perkins, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 11, 2019.

Attorney(s) appearing for the Case

Zachary Margulis-Ohnuma, New York, NY (Adam Elewa of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Sharon Y. Brodt of counsel), for respondent.

Nathan Freed Wessler, New York, NY (Esha Bhandari, Hugh Handeyside, Christopher Dunn, and Aadhithi Padmanabhan of counsel; Adam Schwartz, Sophia Cope, and Aaron Mackey on the brief), for amici curiae American Civil Liberties Union, Electronic Frontier Foundation, and New York Civil Liberties Union.

Scheinkman, P.J., Maltese, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's motion pursuant to CPL 30.30 to dismiss the indictment on the ground that he was denied the statutory right to a speedy trial, and the appeal is held in abeyance in the interim. The Supreme Court, Queens County, is to conduct the hearing and file its report with all convenient speed.

The defendant contends that the Supreme Court erred in summarily denying...

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