New York Court of Appeals
The People of the State of New York v. Joseph Gruden, Respondent the People of the State of New York v. Donald Frazier
July 7, 197742 N.Y.2d 214
Summary
The Court of Appeals held that a motion to dismiss an indictment on speedy‑trial grounds may be granted summarily under CPL 210.45(4) when the prosecutor's papers do not raise a material factual dispute, and therefore no hearing is required. The orders of the Appellate Division were modified and the cases remitted to the County Court for the People to submit any additional papers, and the dismissal was affirmed.