my cpl 30.30 motion was denied in NYS court even though the DA didnt respond to same in affidavit but answered the motion "orally" is this legal?
Question Details:
Yes, this is legal. CPL 30.30 gives the Prosecutor a certain amount of time to bring a case to trial after a party is arrested. It is 6 months for a felony. Under the law in New York the Statute requires that only the Defendant has to make a 30.30 motion to dismiss in writing. The DA can respond orally.
