People v Hunter (Steven)

[*1] People v Hunter (Steven) 2012 NY Slip Op 51440(U) Decided on July 17, 2012 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 17, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., MOLIA and IANNACCI, JJ
2011-2200 S CR.

The People of the State of New York, Appellant,

against

Steven T. Hunter, Respondent.

Appeal from an order of the District Court of Suffolk County, First District (Gigi A. Spelman, J.), dated July 19, 2011. The order granted defendant's oral motion to dismiss the accusatory instrument.

ORDERED that the order is reversed, on the law, and defendant's motion to dismiss the accusatory instrument is denied without prejudice to renewal upon proper papers.

In support of an oral motion to dismiss the accusatory instrument charging defendant with menacing in the third degree (Penal Law § 120.15), defendant's attorney argued that defendant had been denied his right to a speedy trial (CPL 30.30 [1] [b]; 170.30 [e]). The People objected on the ground that the motion was not in writing and noted that they did not concede that defendant's statutory speedy trial time had expired. The District Court granted defendant's motion.

A motion to dismiss must be made in writing and upon reasonable notice to the People (CPL 210.45; see CPL 170.45; People v Jennings, 69 NY2d 103, 113 [1986]; People v Fabio, 2 Misc 3d 137[A], 2004 NY Slip Op 50248[U] [App Term, 9th & 10th Jud Dists 2004]). Inasmuch as the People objected to defendant's motion on the ground that it was not in writing, they did not waive their entitlement to written notice of the motion (see Fabio, 2 Misc 3d 137[A], [*2]2004 NY Slip Op 50248[U]).

Accordingly, the order is reversed and defendant's motion to dismiss the accusatory instrument is denied without prejudice to renewal upon proper papers.

Nicolai, P.J., Molia and Iannacci, JJ., concur.
Decision Date: July 17, 2012