Appellate Division of the Supreme Court of New York, 1977

People v. Ray

People v. Ray
Appellate Division of the Supreme Court of New York · Decided June 6, 1977
58 A.D.2d 588; 395 N.Y.S.2d 105; 1977 N.Y. App. Div. LEXIS 12624
People v. Ray

Opinion of the Court

Appeal by the People from an order of the Supreme Court, Kings County, entered August 17, 1976, which granted defendant-respondent’s oral motion to dismiss the indictment for failure to prosecute. Order reversed, on the law, and indictment reinstated. By statute, a motion to dismiss an indictment must be made in writing and upon notice to the People (CPL 210.45, subd 1; see, also, People v Pichkur, 52 AD2d 852; People v Ryan, 42 AD2d 869; People v Trottie, 47 AD2d 751). The failure to comply with this requirement, unless consented to by the District Attorney, is reversible error (see People v Rao, 53 AD2d 904; People v Orr, 53 AD2d 634; People v Smith, 53 AD2d 652). In this case the District Attorney opposed the application. Furthermore, the basic speedy-trial contention of defendant lacks merit. Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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