New York Court of Appeals
The People of the State of New York, Appellant v. Dru Allard, Respondent
October 20, 201628 N.Y.3d 41
Summary
The Court affirmed the Appellate Division’s order granting defendant Dru Allard’s motion to dismiss the indictment under CPL 30.30. It held that the defendant’s speedy‑trial arguments were properly preserved because he raised them at a hearing, even though he did not file a reply. The Court explained that CPL 210.45 requires a hearing when the People have not conclusively refuted the motion with unquestionable documentary proof, and that preservation can be satisfied at the hearing.