THE PEOPLE v. HENDERSON, AMANDA L.

2012-761 OR CR. THE PEOPLE v. HENDERSON, AMANDA L. — Appeal from three judgments of the Justice Court of the Town of Wallkill, Orange County (Patrick S. Owen, J.), rendered March 6, 2012. The judgments convicted defendant, after a nonjury trial, of common-law driving while intoxicated, aggravated driving while intoxicated per se, and driving without wearing a seat belt, respectively. The appeal from the judgments of conviction brings up for review so much of an order of the same court dated November 30, 2011 as denied the branches of defendant's motion seeking to dismiss the accusatory instrument on constitutional and statutory speedy trial grounds. By decision and order of this court dated September 18, 2015, the matter was remitted to the Justice Court of the Town of Wallkill, Orange County, for a new determination of those branches of defendant's motion seeking to dismiss the three accusatory instruments on constitutional and statutory speedy trial grounds, and thereafter a report to this court advising of the new determination (People v. Henderson, 49 Misc 3d 131[A], 2015 NY Slip Op 51422[U]). The appeal was held in abeyance pending receipt of the report. On July 22, 2016, the Justice Court of the Town of Wallkill issued an order granting the branches of defendant's motion seeking to dismiss the accusatory instruments charging her with aggravated driving while intoxicated per se and common-law driving while intoxicated on statutory speedy trial grounds, and denying the branch of defendant's motion seeking to dismiss the accusatory instrument charging her with driving without wearing a seat belt on constitutional speedy trial grounds.

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2012-761 OR CR. THE PEOPLE v. HENDERSON, AMANDA L. — Appeal from three judgments of the Justice Court of the Town of Wallkill, Orange County (Patrick S. Owen, J.), rendered March 6, 2012. The judgments convicted defendant, after a nonjury trial, of common-law driving while intoxicated, aggravated driving while intoxicated per se, and driving without wearing a seat belt, respectively. The appeal from the judgments of conviction brings up for review so much of an order of the same court dated November 30, 2011 as denied the branches of defendant’s motion seeking to dismiss the accusatory instrument on constitutional and statutory speedy trial grounds. By decision and order of this court dated September 18, 2015, the matter was remitted to the Justice Court of the Town of Wallkill, Orange County, for a new determination of those branches of defendant’s motion seeking to dismiss the three accusatory instruments on constitutional and statutory speedy trial grounds, and thereafter a report to this court advising of the new determination (People v. Henderson, 49 Misc 3d 131[A], 2015 NY Slip Op 51422[U]). The appeal was held in abeyance pending receipt of the report. On July 22, 2016, the Justice Court of the Town of Wallkill issued an order granting the branches of defendant’s motion seeking to dismiss the accusatory instruments charging her with aggravated driving while intoxicated per se and common-law driving while intoxicated on statutory speedy trial grounds, and denying the branch of defendant’s motion seeking to dismiss the accusatory instrument charging her with driving without wearing a seat belt on constitutional speedy trial grounds.

ORDERED that so much of the appeal as is from the judgments convicting defendant of aggravated driving while intoxicated per se and common-law driving while intoxicated is dismissed as academic; and it is further,

THE PEOPLE v. HENDERSON, AMANDA L.

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