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?
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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?
Asked on June 29, 2009 under Criminal Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
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.
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