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PEOPLE v. DOMINGO RICART, 1815/12

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3987-3988. PEOPLE, res, v. DOMINGO RICART, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Oliver McDonald of counsel), for res — Judgment, Supreme Court, New York County (Ronald A. Zweibel, J. at speedy trial motion; Ruth Pickholz, J. at jury trial and sentencing), rendered October 7, 2014, convicting defendant of attempted murder in the second degree and assault in the first degree, and sentencing him to an aggregate term of 15 years, reversed, on the law, defendant’s CPL 30.30 motion granted, and the indictment dismissed.

The People were required to be ready for trial within 183 days after the commencement of the action. The motion court denied defendant’s 30.30 motion, finding that the People were chargeable with 181 days. On appeal, the People concede that they should have been charged with 12 additional days that, if added to the total charged by the court, would require dismissal. The People argue that the judgment should nevertheless be affirmed because the court overcharged them by including periods that should have been excluded.

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