A New York appeals court has reinstated a felony charge by reversing a lower court ruling that dismissed the case on speedy trial grounds.
A Criminal Court judge in Queens has dismissed misdemeanor charges against a woman because the prosecution was not ready for trial within the required time period.
A state Supreme Court justice in the Bronx has dismissed a gun case because the prosecution failed to declare readiness for trial within the proper timeframe.
A New York City criminal court judge has dismissed a case on speedy trial grounds.
A judge in Westchester County in New York has dismissed assault and weapon charges against a defendant on speedy trial grounds.
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 on Sept. 17, 2015, Washington was served with a grand jury notice stating the case […]
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 improper jury charge. While the appeal was pending, the criminal court adjourned the case. However, […]
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 for trial by the people and their statement of unreadiness at the next court appearance […]
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 United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. The Second Circuit was […]
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 Speedy Trial Act. The defendant was indicted on one count of escape from a correctional […]
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 contended that county court erred by denying his motion to dismiss the indictment as the […]
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 to a speedy trial. Ruling: A guilty plea waives the statutory right to a speedy […]
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