By: Daily Record Staff//April 24, 2014
By: Daily Record Staff//April 24, 2014//
U.S. Court of Appeals for the Second Circuit
Declaration of Readiness — Subsequent Statement of Unreadiness
People v. Sibblies
Background: At issue was whether the period of time between an off-calendar declaration of readiness for trial by the people and their statement of unreadiness at the next court appearance may be excluded from the speedy trial period under CPL 30.30.
Ruling: The Court of Appeals reversed and dismissed the information under CPL 30.30. The court noted that the people were not ready within 90 days. The court held that the people must demonstrate that some exceptional fact or circumstance arose after their declaration of readiness so as to render them presently not ready for trial.
Jonathan Garelick for the appellant; Kayonia L. Whetstone for the respondent