People v. Meierdiercks
Cases that cite this one
56 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Beyah (New York Supreme Court 1989)
- People v. Salaman (New York Criminal Court 2025)
- People v. Merck (Appellate Division of the Supreme Court of New York 2009)
- People v. Morales (Appellate Division of the Supreme Court of New York 1992)
- People v. Apodoca (New York Supreme Court 1992)
- People v. Green (Appellate Division of the Supreme Court of New York 1991)
- People v. Sosa (Noe) (Appellate Terms of the Supreme Court of New York 2021)
- People v. Beasley (Appellate Division of the Supreme Court of New York 2010)
- People v. Portorreal (Criminal Court of the City of New York 2010)
- People v. Casey (Appellate Division of the Supreme Court of New York 2009)
- People v. Caswell (Appellate Division of the Supreme Court of New York 2008)
- People v. Albrechtsen (New York County Courts 2003)
- People v. Lindsey (Appellate Division of the Supreme Court of New York 1998)
- People v. Gonzalez (Criminal Court of the City of New York 1998)
- People v. Teachey (Criminal Court of the City of New York 1998)
- People v. Chavis (Appellate Division of the Supreme Court of New York 1997)
- People v. Aubin (Appellate Division of the Supreme Court of New York 1997)
- People v. Pickens (Appellate Division of the Supreme Court of New York 1996)
- People v. Brauen (New York County Courts 1996)
- People v. Thompson (Appellate Division of the Supreme Court of New York 1995)
- People v. White (Appellate Division of the Supreme Court of New York 1995)
- People v. Pickens (Appellate Division of the Supreme Court of New York 1995)
- People v. Drake (Appellate Division of the Supreme Court of New York 1994)
- People v. Robinson (Appellate Division of the Supreme Court of New York 1994)
- People v. Wiggins (Appellate Division of the Supreme Court of New York 1993)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The orders of the Appellate Division should be affirmed.
In the three appeals before us, defendants sought dismissal of indictments pursuant to CPL 30.30, alleging lengthy preindictment delays attributable in material part to adjournments of preliminary hearings. In the first case, People v Meierdiercks, the adjournment was ordered sua sponte by the local criminal court, after defense counsel had pointed out that the complaint did not accurately describe the purportedly stolen check. No motion was made by defendant, and the adjournment was neither requested nor consented to by her or her counsel. By contrast, in People v Boyd and People v Harris, defendants requested or consented to adjournments of preliminary hearings, thus expressly waiving any objection to those delays (CPL 30.30 [4] [b]). While defendants in all three cases contend that the periods of delay should be included because they did not prevent the People from seeking indictments, as we recognized in People v Worley (66 NY2d 523, 527) the controlling consideration is not whether defendants’ actions prevented the People from obtaining accusatory instruments *615 sufficient for trial, but whether defendants waived the delay in the proceedings by requesting or consenting to the adjournments. Thus, in Meierdiercks, where there was no waiver by defendant, the sua sponte adjournment period was properly charged against the People and the indictment dismissed, and in People v Boyd and People v Harris, where there were express waivers, the delay periods were correctly excluded and defendants’ motions to dismiss properly denied.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
In each case: On review of submissions pursuant to section 500.4 of the rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.