Judge Elizabeth N. Warin

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Cunningham was charged with operating a vehicle while under the influence of alcohol or drugs in violation of Vehicle & Traffic Law §§1192(1) and (3). and moved to dismiss the charges under CPL §30.30, and on constitutional speedy trial grounds under §30.20. Prosecutors dismissed the §§1192(3) and 1212—reckless driving—charges, but the court noted traffic infractions were not subject to dismissal under §30.30, denying Cunningham's motion on such ground. Yet, it granted his motion to dismiss the §1192(1) charge under §30.20, stating the length and nature of the delay herein warranted dismissal as Cunningham was arraigned nearly 21 months ago, and the majority of the delay was attributable to prosecutors. The court found prosecutors were not ready for trial on 10 of the 12 occasions the case was scheduled for hearing and trial, including the last seven times before Cunningham filed the instant dismissal motion. It noted while more egregious delays have not warranted findings that the constitutional right to a speedy trial was violated, prosecutor's failure to be ready for trial on numerous occasions, including the last seven, together with the nearly two year delay warranted dismissal.

Judge Elizabeth N. Warin