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People v. Horace McDonald

Prosecution's delay in providing information provides basis for speedy trial dismissal.

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Judge Kaplan

PEOPLE v. HORACE McDONALD On February 11, 2002, the defendant was arraigned upon an accusatory instrument charging him with Criminal Sale of Marijuana in the Fourth Degree (Penal Law §221.40), a class A misdemeanor. The information alleges that a police detective observed the defendant sell marijuana to two individuals at the corner of 149th Street and St. Nicholas Avenue in New York County. On January 21, 2003, the defendant filed the instant motion seeking dismissal of the information on the ground that he has been denied his right to a speedy trial under CPL §30.30. Pursuant to CPL §30.30(1)(b), the People are required to be ready for trial within 90 days of the commencement of the action, less any excludable time. The court finds that a total of 94 days of chargeable time elapsed from the commencement of the action to the filing of the motion to dismiss.

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