descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

People v. Rizzo

Citations: 8 N.Y.3d 895; 865 N.E.2d 6; 832 N.Y.S.2d 898; 2007 N.Y. LEXIS 308

Court: New York Court of Appeals; March 22, 2007; New York; State Supreme Court

Narrative Opinion Summary

In the case of The People of the State of New York v. Augustine R. Rizzo, the New York Court of Appeals addressed a motion related to the timing of an appeal. The court granted Rizzo's motion for an extension of time to apply for permission to appeal under CPL 460.20. The motion papers submitted were treated as a timely application for the appeal, allowing Rizzo to proceed despite any prior delays. Judge Pigott did not participate in the decision. The ruling was submitted on March 19, 2007, and decided on March 22, 2007.

Legal Issues Addressed

Extension of Time for Appeal under CPL 460.20

Application: The court granted an extension of time to apply for permission to appeal, treating the motion papers as a timely application.

Reasoning: The court granted Rizzo's motion for an extension of time to apply for permission to appeal under CPL 460.20.

Timeliness of Appeal Applications

Application: The court treated the motion papers as a timely application for the appeal, allowing the appellant to proceed despite delays.

Reasoning: The motion papers submitted were treated as a timely application for the appeal, allowing Rizzo to proceed despite any prior delays.