Thursday, November 15, 2012

45 day motion deadline

Ordinarily, a defendant has 45 days from arraignment to file his omnibus motion.  In People v. Bellissimo (2d App. Term. 12/3/2009), Justice Court ruled the defendant's untimely because it was not filed within this time frame.  Appellate Term nevertheless reversed the conviction.  Why?  Because Justice Court had set a briefing schedule outside the 45 day window.  As the People conceded, the defendant's motion was filed in compliance with this schedule and was therefore "within such additional time as the court may fix upon application of the defendant made prior to entry of judgment."  CPL § 255.20(1).  (LC)

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