People State New York v. Frank Cangiano

[40 A.D.2d 528 Page 528] On April 15, 1970, defendant was indicted for criminal possession of forged instruments in the second degree and criminal
possession of forgery devices. The case first appeared on the Supreme Court calendar on May 6, 1970. Thereafter, by a motion
returnable June 5, 1970, defendant moved to suppress evidence seized at the time of his arrest. The case was thereafter adjourned
from time to time and did not come to rest in a trial part until March 22, 1971. From that point on, the case was marked "Ready"
on 12 different occasions. On each occasion the case was adjourned. Finally, on October 4, 1971, the trial court ordered the
case on for trial on October 12, 1971. When the case was called on October 12, 1971, the District Attorney's office requested
a short adjournment, to which defense counsel agreed, for the reason that the District Attorney's office understood that another
case would be moved for trial in the same part which would take approximately two weeks and also because the parties involved
were awaiting a decision from a Federal court on the same issue issue, which decision would be binding on the trial court.
The trial court refused to grant the [40 A.D.2d 528 Page 529]