AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT BUTLER, Appellant.

Defendant's claim that the court erred in failing to hold a hearing on the constitutional branch of his speedy trial motion is unreviewable since defendant failed to provide this Court with the court file that the trial court considered in making its determination, particularly with respect to the issue of reasons for delay, or any minutes relevant to that issue ( People v. Kinchen, 60 N.Y.2d 772, 773-774; People v. Brisko, 219 A.D.2d 493, lv denied 87 N.Y.2d 844). In any event, the motion papers before the court failed to set forth a sufficient constitutional speedy trial claim ( see, People v. Taranovich, 37 N.Y.2d 442) and did not raise an issue of fact on a material point requiring such a hearing ( People v. Rodriguez, 210 A.D.2d 104, lv denied 84 N.Y.2d 1037; People v. Gonzalez, 177 A.D.2d 418, lv denied 79 N.Y.2d 920).

Concur — Sullivan, J. P., Rosenberger, Wallach, Mazzarelli and Andrias, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. BUTLER
(Nov 5, 1998)