People v. Williams

Court: New York Court of Appeals
Date filed: 1982-06-08
Citations: 56 N.Y.2d 824, 438 N.E.2d 104, 452 N.Y.S.2d 571, 1982 N.Y. LEXIS 3458
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Combined Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed. On the record this case is indistinguishable *826 from People v Sturgis (38 NY2d 625). We need not consider whether a delay in obtaining an indictment arising from the People’s decision not to seek indictments against fugitive defendants is excludable as a “period of delay resulting from the absence or unavailability of the defendant” within the meaning of CPL 30.30 (subd 4, par [c]). There is neither proof nor finding in the record supporting the contention that the prosecutor has adopted such a policy or that it was actually the cause of the delay in this case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.