New York Court of Appeals

The People of the State of New York, Appellant v. Karen Meierdiercks, Respondent.; the People of the State of New…

June 3, 198668 N.Y.2d 613

Summary

The New York Court of Appeals affirmed the Appellate Division's orders, holding that when a defendant does not request or consent to an adjournment of a preliminary hearing, the delay period is chargeable to the People and may support dismissal under CPL 30.30, whereas an express waiver by request or consent bars the delay from being used to dismiss.