General
The People of the State of New York, Respondent, v. Curtis A. Bradley, Appellant
96 A.D.2d 707·New York Supreme Court, Appellate Division·1983·NY
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Opinion
The People of the State of New York, Respondent, v Curtis A. Bradley, Appellant.
[MAJORITY]
— Judgment affirmed. Memorandum: Defendant’s motion to dismiss pursuant to GPL 30.30 was properly denied. The People communicated their readiness for trial when the case was placed on the Trial Calendar by the court without objection by the District Attorney (see People v Burney, 90 AD2d 959, application for lv to app den 58 NY2d 827, and cases cited therein). Concur — Dillon, P. J., Doerr, Boomer and Schnepp, JJ.
[DISSENT — Denman, J.,]
Denman, J.,
dissents and votes to reverse and dismiss indictment, in the following memorandum: I cannot agree with the majority that the failure of the District Attorney to object when the case was placed on the Trial Calendar is the equivalent of a statement of readiness by the People. In my view the rule of People v Brothers (50 NY2d 413) and People v Hamilton (46 NY2d 932) requires the People to make an affirmative showing on the record that they are ready to proceed to trial within the statutory period. (See People v Giordano, 56 NY2d 524, 525; see, also, People v Santiago, 96 AD2d 720.) (Appeal from judgment of Monroe County Court, Bergin, J. — sodomy, first degree.) Present — Dillon, P. J., Doerr, Denman, Boomer and Schnepp, JJ.