People v. Dru Allard

Decided On : 10/20/2016
AD2 order dated May 27, 2015, reversing the judgment and dismissing the indictment on CPL 30.30 grounds.  Decision below: 128 AD3d 1081, 11 NYS3d 190. Fahey, J., granted leave to People September 3, 2015.  To be argued September 6, 2016.
ISSUE PRESENTED: Whether the Appellate Division correctly held that defendant’s 30.30 claim was preserved for appellate review, even though the defense failed to submit a reply 30.30 affirmation, since the 30.30 court expressly decided the issue.  (Assigned counsel: Joshua Levine & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC  10038.)

Related Information:
People v Dru Allard