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People v. Cole

73 N.Y.2d 957 Court N.Y. Decision date 1989-03-30 English

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p. 957
The People of the State of New York, Respondent, v Michael Cole, Appellant.
Decided March 30, 1989
APPEARANCES OF COUNSEL
Joel A. Siegel for appellant.
Elizabeth Holtzman, District Attorney (Michael Gore of counsel), for respondent.
p. 958
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

The court should have granted the defendant’s motion to dismiss on speedy trial grounds (CPL 30.30). Defendant’s motion challenged the People’s assertion of readiness as illusory because they were unable to produce the complainant. The sworn allegations of fact essential to support defendant’s motion were conceded by the People when they failed to submit opposition papers contesting these allegations (People v Gruden, 42 NY2d 214 ). Under these circumstances the court is required by statute to grant the motion (CPL 210.45 [4] [c]; see also, People v Gonzalez, 116 AD2d 735 ).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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