Hyperlawhypertext legal database People ex rel. Paquette v. Cyrta 25 N.Y.2d 749

← Cases

People ex rel. Paquette v. Cyrta

25 N.Y.2d 749 Court N.Y. Decision date 1969-06-02 English

Contents

Majority

p. 749
The People of the State of New York ex rel. Joseph Michael Paquette, Appellant, v. Charles Cyrta, as Warden of the Suffolk County Jail, Respondent.
Argued May 28, 1969;
decided June 2, 1969.
p. 751
Edward T. Tighe and James D. Saver for appellant.
George J. Aspland, District Attorney (David F. Jordan of counsel), for respondent.

Memorandum. The order of the Appellate Division should be affirmed, without costs. In our view there was neither a denial of a speedy trial as guaranteed both by section 668 of the Code of Criminal Procedure and by the Sixth and Fourteenth Amendments of the United States Constitution nor a violation of section 669-a of our Code. As to the latter, since the prison authorities acted expeditiously in forwarding the appellant’s request to the District Attorney, the 180-day period specified in section 669-a was properly computed from July 22, 1968, the date on which the District Attorney received notice of the request. We would but add that, since “ good cause ” appeared, the trial court would have been justified, as provided for by the statute, in extending the 180-day period and granting a ‘ ‘ reasonable continuance ” of the trial beyond that period.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Bbeitel and Jasen concur.

Order affirmed.

Statutes and regulations cited