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3030 motion in new york

New York, NY |

8-14: people not ready "officer suffered injury"
10-9: people not ready " officer still recovering"
11-13: people not ready "no idea when we will be ready" (announce readiness days later)
1-3: people announce ready thinking we would file 3030 motion told my lawyer to and called their bluff.
1-15: people not ready " da engaged in another case" 
2-13: ???

Hows this looking for a dismissal? Promising?

Attorney Answers 7


  1. What level crime is this? If the police officer is material to the case the time will be excluded as an exceptional circumstance.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. These are all questions that you should be addressing with your attorney. He would have the best perspective.


  3. Why are you not asking your own lawyer on this? One would have to have duly noted if time was charged against the prosecutor or not as to each date. The court file should denote same. Quite often, there are consent adjournments and time is not charged.

    I repeat, ask your lawyer.

    Law Office Of Michael Marley
    Phone 917 853 4484


  4. Sounds like their announcement of readiness was illusory.


  5. This is a question you should direct to your attorney.


  6. a) agree with counsel, you have to first ask your lawyer, b) you have to check the court file, c) what level offense is it (A, B misd, felony), d) depends what kind of a record was made concerning the nature of the officer's injuries - it may or may not be excludable depending on whether it was the kind of injury that would have prevented him from testifying. Your lawyer will have to make a motion, and then their will probably have to be a hearing regarding the nature of the officer's injuries.


  7. CPL 30.30 "time" varies in length depending on the level of the offense (misdemeanor 90 days or felony 6 months). That said, an excusable delay on the part of the people will "toll" or stop the clock from ticking. You will need to discuss with your attorney which days actually count towards the applicable 30.30 calculation. If it is believed that more than 90 valid days or 180 valid days have passed since the charges were lodged a motion may need to be formally made to seek a "speedy trial" dismissal. Good luck.

    Please be advised that no attorney-client relationship is created by the discourse regarding your legal question. You should consult an attorney of your choosing to fully protect your rights.

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