People v. Guillermo
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Posner, J.), rendered July 27, 1984, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence. This appeal brings up for review (1) the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony, and (2) the denial (Agresta, J.), after a hearing, of the defendant’s motion to dismiss the indictment on speedy trial grounds.
Ordered that the judgment is reversed, on the law and the facts, the plea is vacated, that branch of the defendant’s motion which was to suppress identification testimony is granted to the extent that the pretrial identification of the defendant is suppressed, and the case is remitted to the Supreme Court, Queens County, for further proceedings.
The hearing court erred in refusing to suppress testimony
We note, however, that the defendant’s contention that dismissal of the indictment is required because he was denied his constitutional right to a speedy trial is without merit (see, People v Taranovich, 37 NY2d 442; People v Manley, 63 AD2d 988).
In light of the foregoing, we need not address the defendant’s contention that the sentence imposed was excessive. Mollen, P. J., Kunzeman, Rubin and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.