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People v. Gregory Lundy

The defendant moves to dismiss the two instant informations pursuant to CPL §30.30 on the ground that he has been denied his right to a speedy trial in each case. Both cases require this court to determine whether the failure of a defendant to appear at the first call of the calendar should result .....

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The defendant moves to dismiss the two instant informations pursuant to CPL §30.30 on the ground that he has been denied his right to a speedy trial in each case. Both cases require this court to determine whether the failure of a defendant to appear at the first call of the calendar should result in the subsequent adjournment, made upon his return the same day, being excluded from the speedy trial calculation. Upon consideration of the facts of this case and the relevant law, the court concludes that this defendant’s brief absence from the courtroom did not render the subsequent adjournment excludable. Consequently, the defendant’s motion is granted in regard to Docket No. 2002 NY 0553399 and denied in regard to Docket No. 2002 NY068116.

I. Docket No. 2002 NY 053399

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