NEW YORK STATE SUPREME COURT

CRIMINAL TERM, PART 32,

Nassau County

 MOTION RULES

An application by either party for an extension of time to serve and file papers, whether pursuant to a schedule set by this Court or otherwise, must be made on or before the filing date, and may be made by telephone or e-mail. If an extension is granted to the moving party, the responding party is granted a corresponding extension.

On the filing of an omnibus motion, the defendant must include a copy of the indictment with the motion papers. On filing their answer to an omnibus motion, the People must file the minutes of the proceedings before the Grand Jury. In answering on behalf of the People a motion to inspect the evidence before the Grand Jury, the affiant must affirm whether the affiant has personally read the minutes of the Grand Jury proceeding.

The failure to comply with the foregoing will result in such sanction or other action as the Court deems appropriate. The failure of the District Attorney to file the minutes of the proceeding before the Grand Jury with the answer to an omnibus motion may result at the least in time being charged against the People pursuant to CPL 30.30 in accord with People v. McKenna, 76 NY2d 59 (1990) and People v. Harris, 82 NY2d 409 (1993).


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