Attempted Murder Conviction Tossed Due to Violation of Speedy Trial Act
A state appeals court has thrown out a New York man's convictions for attempted murder and assault, along with his 15-year sentence, because prosecutors were not ready for trial within the Speedy Trial Act's prescribed time.
August 03, 2017 at 04:01 PM
4 minute read
A state appeals court has thrown out a New York man's convictions for attempted murder and assault, along with his 15-year sentence, because prosecutors were not ready for trial within the Speedy Trial Act's prescribed time.
Prosecutors under Manhattan District Attorney Cyrus Vance Jr. will not be able to prosecute defendant Domingo Ricart again because his alleged crimes were felonies. Felonies dismissed under the act, set out in CPL Sect. 30.30, can't be re-prosecuted.
But on Wednesday, Caitlyn Fowles, a spokeswoman for Vance, noted that prosecutors are reviewing the Appellate Division, First Department, decision tossing the jury-trial convictions “with an eye toward seeking leave to appeal to the Court of Appeals.”
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