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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 20, 2026 |
| Citation | 2026 NY Slip Op 06073 |
| Area of law | Criminal Procedure |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06073 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1333 |
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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