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People v McDermott (James)
2007 NY Slip Op 50941(U) [15 Misc 3d 138(A)]
Decided on May 7, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 7, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., LIPPMAN and OWEN, JJ
2006-829 W CR.

The People of the State of New York, Respondent,

against

James J. McDermott, Appellant.


Appeal from a judgment of the Justice Court of the Village of Hastings-on-Hudson, Westchester County (Joseph A. DiSalvo, J.), rendered July 6, 2005. The judgment convicted defendant, after a nonjury trial, of speeding.


Judgment of conviction reversed upon the law, fine, if paid, remitted and accusatory instrument dismissed.

The delay before rendition of the verdict (237 days) was unreasonable (see People v South, 41 NY2d 451 [1977]; People v Chapman, 177 Misc 2d 551 [App Term, 9th & 10th Jud Dists 1998]; People v Plaza, 175 Misc 2d 277 [App Term, 9th & 10th Jud Dists 1997]) and the People consent to a reversal. Accordingly, the judgment of conviction is reversed and the accusatory instrument dismissed.

We pass on no other issue.

Rudolph, P.J., Lippman and Owen, JJ., concur.
Decision Date: May 7, 2007