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POSTREADINESS DELAY BECAUSE A PROSECUTION WITNESS WAS ON VACATION WAS CHARGEABLE TO THE PEOPLE, DEFENDANT’S MOTION TO DISMISS ON SPEEDY TRIAL GROUNDS SHOULD HAVE BEEN GRANTED (FOURTH DEPT).

The Fourth Department, reversing County Court, determined a period of postreadiness delay because a prosecution witness was on vacation was chargeable to the People and the defendant’s speedy trial motion should have been granted:

It is well established that “[t]he unavailability of a prosecution witness may be a sufficient justification for delay . .. , provided that the People attempted with due diligence to make the witness available” … . Additionally, the reason for the witness’s unavailability is relevant to determining whether a delay is justified. Where a witness is unavailable because of medical reasons or military deployment, courts generally have held that the delay is not chargeable to the People … . Where the witness is unavailable because he or she has taken a vacation, however, many courts have charged the time to the People … . That is because “the mere fact that a necessary witness plans to go on a vacation does not relieve [the People] of their speedy trial obligation” … . Here, the People did not establish that they exercised due diligence to secure the witness’s presence on the scheduled trial date, and we conclude that the delay arising from the witness’s unavailability during his vacation is chargeable to the People. People v Harrison, 2019 NY Slip Op 03173, Fourth Dept 4-26-19

 

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