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People v. Lupo

Prosecutors Properly Charged With Delay, Exceed Speedy Trial Clock; Dismissal Granted

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DECISION AND ORDER

*1 The Defendant, Maureen Lupo, is charged with two counts of Assault in the Third Degree (Penal Law §§120.00 [1], [2]), one count of attempted Assault in the Third Degree (Penal Law §§110, 120.00 [1]), and Harassment in the Second Degree (Penal Law §240.2 6[1]). The Defendant has moved pursuant to Criminal Procedure Law (“CPL”) §30.30 to dismiss the charges for the violation of her statutory right to a speedy trial. Specifically, the Defendant argues that the People have denied her right to a speedy trial by failing to be ready for trial within 90 days of the commencement of this case. For the following reasons, the court concludes that 91 chargeable days elapsed before the People converted the hearsay charges in the Complaint and answered “ready” for trial. Defendant’s motion to dismiss is therefore GRANTED.1When the top count charged is a Class A misdemeanor punishable by a maximum imprisonment term of one-year, the People are required to be ready for trial within ninety days of

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