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People v. Lytell

'Speedy trial' challenge fails, only 86 days chargeable to prosecution; paternity leave fo

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DECISION AND ORDER

*1The defendant is charged with two counts of assault in the third degree (Penal Law §120.00[1] and [2]), one count of aggravated harassment in the second degree (Penal Law §240.30[4]), one count of attempted assault in the third degree (Penal Law 110/120.00[1]), and one count of harassment in the second degree (Penal Law §240.26[1]). Defendant moves to dismiss on the ground that she has been denied a speedy trial pursuant to CPL §30.30. CPL §30.30[1][b] requires dismissal of an accusatory instrument when the People are not ready for trial within 90 days of the commencement of a criminal action where the charge carries the potential of imprisonment of more than three months. Although a criminal action commences with the filing of an accusatory instrument, computation for speedy trial purposes commences on the next day.

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