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Case Study : People V Perkins

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Submitted By sn218
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Shawn Napolitano
Term Paper Dennis Consumano

People v Perkins

On July 26th, 2010 , Perkins had been charged with six offenses. They were: Driving While Intoxicated, Driving While Ability Impaired, Resisting Arrest, Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third Degree, Reckless Driving and Driving at an Excessive Speed. Over the next two years, Perkins appeared in New York Court 25 different times. Perkins had traveled from her home in North Carolina each time. The People had answered “not ready” on many occasions. This, of course, goes against one of the CPLs we covered; CPL 30.30, which deals with speedy trial time limitations, in particular section (1)(b) which states “(b) ninety days of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony” (Findlaw). March 22nd, 2012, four misdemeanor charges were dismissed on the grounds of CPL 30.30. The remaining two traffic infractions, however, were not dismissed. That is, until July 24th, 2012, when Perkins motioned to dismiss these remaining two charges. Citing, more specifically, CPL 30.20 which deals with speedy trials in general. Perkins claims that, this 90 day limitation is now two years, and her right to a speedy trial has been violated. Being that the delays were all caused by the People, at the expense of Perkins, who has now had a suspended license for the past two years, and is only being charged with two small traffic infractions had she been convicted of these infractions, the Court affirmed and dismissed this case. Reference

Findlaw,. 'N.Y. CPL. LAW § 30.20 : NY Code - Section 30.20: Speedy Trial; In General'. N.p., 2015. Web. 17 June 2015.

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