Speedy Trial -- 6th Amendment Rights in a New York Criminal Case
The defense of a speedy trial violation is an important part to any criminal
matter. The best
criminal defense will focus on the speedy trial time and if the accused rights have been
violated by unnecessary delay.
Recently, the Westchester County Court in White Plains made a speedy trial
ruling that was overturned on appeal. Any
criminal defense action must focus on speedy trial time to protect the accused rights.
People v Brown, 69 AD3d 871 (2010) the 2nd Department found the Supreme Court erred in finding that 109 days
between the defendant's request for a felony hearing and the scheduled
hearing date was excludable.
The defendant was arraigned on a felony complaint in the local court on
February 16, 2006. He was subsequently indicted on charges in Westchester
County, White Plains for assault on a police officer and resisting arrest.
The prosecution announced readiness for trial on June 15, 2007, 484 days
after the arraignment in the local justice court.
The defense attorney's response of "that's fine" when
told the parties would be notified of the felony hearing date did not
constitute clearly expressed consent to an unspecified and unlimited delay.
That length of the adjournment was a result of court congestion did not
excuse the prosecution from timely declaring readiness for trial.
The Speedy Trial Hearing in Westchester County, White Plains New York
At the hearing on speedy trial no showing was made regarding the unavailablity
of the injured police officer was the basis for the prosection's failure
to decare ready for the hearing CPL 30.30(4)(g). The prosecution failed
to meet its burden of showing that the challenged periord was excludable.
The best criminal defense attorney will always explore any speedy trial
violations and should be well versed in CPL 30.30 and the 6th Amendment.