New York CPL 30.30 Example Case

In People v. Aquino (6 Misc 3d 25, 789 NYS2d 598 [App Term, 1st Dept 2004], lv denied 4 NY3d 796, 828 NE2d 87, 795 NYS2d 171 [2005]), the Appellate Term distinguished delays in complying with discovery obligations from delays which actually impair the People's ability to proceed with scheduled suppression hearings. Reversing dismissal upon CPL 30.30 grounds, the court found that the People's post-readiness delay in producing a videotape, which was not the subject of defendant's suppression motion, did not impact the People's ability to proceed meaningfully at the scheduled suppression hearing.