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People v. Giordano

56 N.Y.2d 524 Court N.Y. Decision date 1982-03-23 English

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p. 524
The People of the State of New York, Respondent, v Leonard Giordano, Appellant.
Argued February 12, 1982;
decided March 23, 1982
p. 525
APPEARANCES OF COUNSEL
Joseph B. Mistrett and Rose H. Scorners for appellant.
Edward C. Cosgrove, District Attorney (John De Franks and Kurt T. Sajda of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that when the District Attorney had announced his readiness on the record he had satisfied his obligation under CPL 30.30. Whatever may in fact have been the reason why the case was not reached for trial thereafter, there is no basis for dismissal pursuant to that statute (cf. People v Brothers, 50 NY2d 413 , 417).

p. 526
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg- and Meyer concur.

Order affirmed in a memorandum.

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