Ordinarily, a defendant has 45 days from arraignment to file his omnibus motion. In
People v. Bellissimo
(2d App. Term. 12/3/2009), Justice Court ruled the defendant's untimely
because it was not filed within this time frame. Appellate Term
nevertheless reversed the conviction. Why? Because Justice Court had
set a briefing schedule outside the 45 day window. As the People
conceded, the defendant's motion was filed in compliance with this
schedule and was therefore "within such additional time as the court may
fix upon application of the defendant made prior to entry of
judgment." CPL § 255.20(1). (LC)
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