A Monroe County Court judge has dismissed drunk driving charges on speedy trial grounds. The defendant, Danie Washington, was arrested Sept. 16, 2015, and charged with two counts of driving while intoxicated. When he was arraigned on a felony complaint ...

Tagged with: DWI Speedy trial

New York State Court of Appeals – Speedy Trial – Retrial – Appeal   People v. Wells No. 42 Memorandum   Background: The defendant was convicted of assault in criminal court, but the Appellate Term reversed the judgment due to an ...

Tagged with: New York State Court of Appeals Speedy trial

U.S. Court of Appeals for the Second Circuit Speedy Trial Declaration of Readiness — Subsequent Statement of Unreadiness People v. Sibblies No. 44 Judge Lippman Background: At issue was whether the period of time between an off-calendar declaration of readiness ...

Tagged with: Speedy trial u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit Speedy Trial Terrorist Conspiracy — Detention — National Security Concerns United States v. Ghailani 11-320-cr Judges Leval, Cabranes and Parker Background: The defendant appealed from a conviction of conspiring to bomb the ...

Tagged with: Speedy trial u.s. court of appeals for the second circuit

U.S. Court of Appeals for the Second Circuit Speedy Trial “Ends-of-Justice” Exclusion United States v. Lynch 12-4222-cr Judges Pooler, Wesley and Droney Background: The defendant appealed from the denial of his motion to dismiss the indictment for violation of the ...

Tagged with: Speedy trial u.s. court of appeals for the second circuit

Appellate Division, Fourth Department Speedy Trial Defendant Avoiding Prosecution People v. Comer KA 08-02638 Appealed from Onondaga County Court Background: The defendant was convicted by a jury of first-degree assault and fourth-degree criminal possession of a weapon. On appeal, he ...

Tagged with: Appellate Division Fourth Department Speedy trial

Appellate Division, Fourth Department Speedy Trial Preservation People v. Faro KA 09-00278 Appealed from Monroe County Court Background: The defendant pleaded guilty to possessing a forged instrument. On appeal he contended that he was denied his statutory and constitutional right ...

Tagged with: Appellate Division Fourth Department preservation Speedy trial

Appellate Division, Fourth Department Speedy Trial Waiver by Guilty Plea People v. Paduano KA 09-01894 Appealed from Niagara County Court Background: Defendant pleaded guilty to Grand Larceny 3rd degree but on appeal contended that he was denied his statutory right ...

Tagged with: Appellate Division Fourth Department Speedy trial

The justices of the U.S. Supreme Court wrangled last week with the question of just what kind of pretrial motions stop the clock under the Speedy Trial Act. In the case U.S. v. Tinklenberg, Kalamazoo County, Mich., police, acting on a tip ...

Tagged with: SCOTUS Speedy trial

Henrietta Town Court Speedy Trial People v. Cassidy 10080230 Judge Sciortino Background: The defendant was charged with obstructing governmental administration in July 2010 for calling his wife at home while in police custody and advising her not to surrender a ...

Tagged with: Speedy trial

Appellate Division, Fourth Department Post-conviction Motion Speedy Trial People v. Sweet KA 09-00188 Appealed from Supreme Court, Niagara County Background: After the defendant was convicted of robbery and related offenses at a jury trial, he moved to vacate the conviction. ...

Tagged with: Appellate Division Fourth Department Speedy trial

New York State Court of Appeals Speedy Trial People v. Price No. 7 Appealed from the Second Department Background: On Feb. 2, 2006, the defendant was arraigned in Suffolk County on a felony complaint charging him with attempted disseminating indecent ...

Tagged with: New York State Court of Appeals Speedy trial