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Appellate Division, First Department · October 20, 2026 · 2026 NY Slip Op 06073

Matter of People ex rel. Magee v Maginley-Liddie

Read the official decision: 2026 NY Slip Op 06073

Holding The Appellate Division affirmed the denial of a habeas corpus petition, holding that the period between arraignment and the pretrial motion deadline was excludable from speedy trial calculations under CPL 30.30(4)(a). The court determined that the motion schedule was not a sua sponte adjournment requiring consent, but rather a reasonable delay for pretrial motions based on defense counsel’s representations.

The court’s words

The period from August 27, 2025 to October 24, 2025 was correctly deemed excludable as a reasonable period for pretrial motion practice

2026 NY Slip Op 06073, at the official text

defendant sought the benefit of both positions. He wanted to reserve his right to file motions but also prevent the People from relying on CPL 30.30(4)(a)'s exclusion

2026 NY Slip Op 06073, at the official text

the period from the date of arraignment to the deadline set by the court fell squarely within the "reasonable period of delay" for "pre-trial motions"

2026 NY Slip Op 06073, at the official text
CourtAppellate Division, First Department
DecidedOctober 20, 2026
Citation2026 NY Slip Op 06073
Area of lawCriminal Procedure
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06073
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1333

Recommended citation

ESQ HQ, New York Law Watch, Matter of People ex rel. Magee v Maginley-Liddie, 2026 NY Slip Op 06073 (Appellate Division, First Department, October 20, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06073/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 20, 2026. Updated October 20, 2026.