APPELLATE RECORD WAS INCOMPLETE
After he was convicted by the New York County Criminal Court of “driving while impaired,” IJ appealed to the Appellate Term, First Department.
On its review of the record, the AT1 noted that the judge had considered IJ’s “speedy trial motion,” under one section of the law [CPL 30.30], but not the other [CPL 30.20]. Given that omission, the record was incomplete – as the People had not been afforded an opportunity to respond.
And in light of that lapse, the AT1 held IJ’s sentence in abeyance and remanded the matter back down to Criminal Court “for further proceedings.”
“This means war!”
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DECISION