You are here: / / Includable/Excludable Time Under Speedy Trial Statute Explained​

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

 

 

You might also like
Two-to-Five-Foot Fall from Edge of Roof to Scaffolding Supported Labor Law 240 (1) Cause of Action
THE CONTRACTUAL ARRANGEMENTS MADE WITH APARTMENT OWNERS AND SERVICE PROVIDERS BY THE NYC DEPARTMENT OF HOMELESS SERVICES (DHS) DID NOT CREATE “ILLUSORY TENANCIES” SUCH THAT THE PREVIOUSLY HOMELESS TENANTS WERE ENTITLED TO VACANCY LEASES WHEN THE DHS CONTRACTS WERE TERMINATED (SECOND DEPT).
DECEDENT’S SON’S ACTION AGAINST THE COUNTY COMMISSIONER OF SOCIAL SERVICES RE: MEDICAID REIMBURSEMENT FOR DECEDENT’S NURSING-HOME CARE WAS CONTRACTUAL IN NATURE; NO NOTICE OF CLAIM WAS REQUIRED; THERE ARE QUESTIONS OF FACT ABOUT WHETHER THE TRANSFER OF FATHER’S ASSETS TO SON FOR LESS THAN MARKET VALUE WAS FOR PURPOSES OTHER THAN MEDICAID PLANNING (THIRD DEPT).
DOCUMENTS CREATED AND HELD BY A PRIVATE ENTITY PURSUANT TO THE REGULATIONS OF A STATE AGENCY ARE NOT “RECORDS” WHICH THE STATE AGENCY MUST DISCLOSE PURSUANT TO THE FREEDOM OF INFORMATION LAW, DESPITE THE FACT THAT THE AGENCY CAN DEMAND PRODUCTION OF THE DOCUMENTS (THIRD DEPT).
SECURITY CONSULTANT WAS EMPLOYEE OF OFF-TRACK BETTING FACILITY DESPITE INDEPENDENT CONTRACTOR DESIGNATION IN AGREEMENT.
Tape Recording Reflecting Frustration About Treatment of Muslim Inmates Did Not Warrant Punishment
Forcing Defendant to Go to Trial When His Expert on the Intoxication Defense Was Not Available Rendered Defendant’s Guilty Plea Involuntary and Coerced
Finding that Claimant’s Absenteeism Was Not Disqualifying Misconduct Was Supported by Substantial Evidence; Courts’ Review Powers in this Context Explained

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Failure to Comply with Statutory Procedure Re: Jury Note Was Not “Mode of... Indictment Count Did Not State an Offense; Jurisdictional Defect Can Not Be...