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Includable/Excludable Time Under Speedy Trial Statute Explained​

The Third Department explained the principles and proof requirements with respect to excludable time under the speedy trial statute, including a detailed analysis of all the relevant types of excludable/includable time raised by the facts of the case:

Where, as here, a defendant is charged with a misdemeanor punishable by a sentence of more than three months of incarceration, the People are required to be ready for trial within 90 days of the commencement of the criminal action (see CPL 30.30 [1] [b];…).   “Whether  the People  complied  with this obligation is ‘determined by computing the time elapsed between the filing of the first accusatory instrument and the People’s declaration of readiness, subtracting any  periods of delay that are excludable under  the terms  of the statute and  then  adding  to the result any postreadiness periods of delay that are actually attributable to the People  and  are ineligible for an  exclusion'”… . People v Sydlar, 103777, 3rd Dept, 5-30-13

 

 

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