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People v. Burney

90 A.D.2d 959 Court N.Y. App. Div. Decision date 1982-11-09 English

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p. 959
The People of the State of New York, Respondent, v William Burney, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant’s motion to dismiss pursuant to CPL 30.30 was properly denied without a hearing. Under the calendar rules of Monroe County, the People “communicate[d] readiness for trial” (see People v Hamilton, 46 NY2d 932 ,933) when the case was placed upon the Trial Calendar by the court without objection by the District Attorney (People v Passero, 83 AD2d 769 , application for lv to app-den 54 NY2d 765 ; see, also, People v Campbell, 90 AD2d 967 ; People v Kellerson, 84 AD2d 965 , application for lv to app den 55 NY2d 830 ; People v Everett, 75 AD2d 1026 , application for lv to app den 50 NY2d 1001 ; and cf. People v Brothers, 50 NY2d 413 ). We have considered defendant’s other points and find them to be without merit. (Appeal from judgment of Monroe County Court, Bergin, J. — criminal possession of a forged instrument, second degree.) Present — Dillon, P. J., Simons, Callahan, Boomer and Schnepp, JJ.

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