New York Court of Appeals, 1989

People v. Dean

New York Court of Appeals · Decided May 11, 1989

74 N.Y.2d 643; 540 N.E.2d 707; 542 N.Y.S.2d 512; 1989 N.Y. LEXIS 476

Cases that cite this one

6 later published cases cite this decision.

Aparicio v. Artuz (2d Cir. 2001)
Aparicio v. Artuz (2d Cir. 2001)
People v. Taylor (New York Supreme Court 1991)
People v. Grier (Appellate Division of the Supreme Court of New York 2008)
People v. Augustine (Appellate Division of the Supreme Court of New York 1997)
People v. Bayne (Appellate Division of the Supreme Court of New York 1992)

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 of the Court

OPINION OF THE COURT

Memorandum.

The amended order of County Court should be modified by reinstating the speeding conviction and, as so modified, affirmed; and the case should be remitted to the County Court for consideration of the facts as to that conviction (CPL 470.25 [2] [d]; 470.40 [2] [b]).

We agree with defendant, for the reasons stated in People v Campbell (73 NY2d 481 [decided herewith]), that County Court properly reversed defendant’s conviction for violating Vehicle and Traffic Law § 1192 (3).

The order appealed from also dismissed a speeding conviction because the supporting deposition was insufficient in failing to specify the speed limit that defendant allegedly violated. CPL 255.20 (1) provides that "all pre-trial motions shall be served or filed within forty-five days after arraignment * * * or within such additional time as the court may fix upon application of the defendant”. Defendant’s motion to dismiss was made over three months after his arraignment and he did not request an extension of time. Hence, the Town Court properly denied defendant’s motion as untimely (see, People v Key, 45 NY2d 111, 116).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified by reinstating the speeding conviction and, as so modified, affirmed; and case remitted to Chautauqua County Court for consideration of the facts as to that conviction in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.