[Download] "People State New York Ex Rel. Alonzo Smith v. Andrew P. Meloni" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Alonzo Smith v. Andrew P. Meloni
- Author : Supreme Court of New York
- Release Date : January 07, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[142 A.D.2d 959 Page 959] Judgment unanimously affirmed. Memorandum: When relator requested an indefinite adjournment, he was advised that the period
of the adjournment and until the date of the rescheduled hearing would be charged to him. There is no claim or suggestion
that the date of the hearing was not the first available date or that the length of time in convening the hearing was unreasonable
and thus the 42-day period of delay should not be charged to the Division (People ex rel. Racona v Hammock, 115 A.D.2d 306,
lv denied 67 N.Y.2d 604). Where no claim is advanced that the hearing could have been held on an earlier date, the Division
has no burden of demonstrating justification for not scheduling the hearing at an earlier time (see, People ex rel. Brown
v New York State Div. of Parole, 70 N.Y.2d 391).
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