From Casetext: Smarter Legal Research

People v. Rosa

Court of Appeals of the State of New York
Jun 7, 1977
42 N.Y.2d 872 (N.Y. 1977)

Opinion

Argued April 29, 1977

Decided June 7, 1977

Appeal from the Supreme Court in the Second Judicial Department, PAUL S. LAWRENCE, J.

Pat R. Mercurio for appellant.

Denis Dillon, District Attorney (Judith K. Rubinstein and William C. Donnino of counsel), for respondent.


MEMORANDUM.

Order of the Appellate Term affirmed.

The issue in this case did not turn on denial of a speedy trial. Had it been so, the failure of defendant to follow the procedure under CPL 210.20, 210.45 would sustain the reversal by the Appellate Term. Nor was the procedure at the trial court appropriate for a dismissal in the furtherance of justice under CPL 170.30 (subd 1, pars [e], [g]) (CPL 170.45). The correct issue was the abrupt refusal of the trial court on calendar call to allow an adjournment until 2:00 p.m. of the day previously set for trial. This, on the conceded facts and inevitable inferences from them, constituted an abuse of discretion as a matter of law (see Cohen and Karger, Powers of the New York Court of Appeals, § 108, p 459; ch 16).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed in a memorandum.


Summaries of

People v. Rosa

Court of Appeals of the State of New York
Jun 7, 1977
42 N.Y.2d 872 (N.Y. 1977)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK DE ROSA…

Court:Court of Appeals of the State of New York

Date published: Jun 7, 1977

Citations

42 N.Y.2d 872 (N.Y. 1977)
397 N.Y.S.2d 780
366 N.E.2d 868

Citing Cases

People v. Nizza

At that time, this court denied a motion to dismiss (People v Nizza, 92 Misc.2d 823). More specifically, it…

People v. Lawrence

Defendant has been resentenced and the order of the Appellate Division is now before us for review. The…