The People v. T.S.

AD1 affirmed the lower court’s dismissal of the indictment based on counsel’s ineffectiveness in botching a meritorious 30.30  motion.  The hearing court had found that counsel had no strategic reason for filing the motion when he did and that had counsel kept accurate records and filed the motion ten days later, it would have been granted.  Accordingly the client was entitled to have the indictment dismissed.