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Upon the following papers read on this motion for omnibus relief: Notice of Motion/xxxxxxxxxxxxxxxxx and supporting papers    X; Notice of Cross Motion and supporting papers; Answering Affidavits and supporting papers X; Replying Affidavits and supporting papers   X; Filed papers_; Other__ Exhibits  X; Certificate(s) of Compliance        X; (and after hearing counsel in support of and opposed to the motion) it is, ORDERED that this omnibus motion by the defendant is decided as follows: The defendant’s motion to dismiss all counts pursuant to CPL §30.30 and §170.30(1)(e) on the grounds that his statutory speedy trial rights were violated is GRANTED. The defendant’s motion to strike the People’s October 3, 2022, CoC/SoR and Supplemental CoC/SoR, dated January 29, 2024, is GRANTED. The defendant’s remaining motions are DENIED as moot. On June 30, 2022, the defendant was arrested and charged with (1) one count of Operating a Vehicle While Ability Impaired by Drugs in violation of New York State Vehicle and Traffic Law (“VTL”) §1192.4, an unclassified misdemeanor1, (2) one count of Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and Drugs in violation of VTL §1192.4-a, an unclassified misdemeanor, (3) Aggravated Unlicensed Operation of a Vehicle in the Third Degree in violation of VTL §511.1, (4) Failure to Surrender License and Registration in violation of VTL §340(a), an unclassified misdemeanor, along with three traffic infractions. He was arraigned on July 1, 2022. By motion dated March 11, 2024, the defendant now moves (1) to dismiss the accusatory instrument pursuant to Criminal Procedure Law (“CPL”) §30.30 and §170.30(1)(e) on the grounds that his statutory speedy trial rights were violated (2) to dismiss the accusatory instrument pursuant to the U.S. Constitution and New York State Constitution on the grounds that his constitutional speedy trial rights were violated and (3) to strike the People’s October 3, 2022, CoC/SoR and Supplemental CoC/SoR, dated January 29, 2024. This Court addresses the parties’ arguments, below. A. Prior Motion to Dismiss Based on an Alleged Speedy Trial Violation On December 16, 2022, the defendant filed a motion to dismiss based on an alleged speedy trial violation. (Court file). In a written decision dated December 7, 2023, this Court denied the defendant’s motion. (Decision and Order dated December 7, 2023 (hereinafter, “12/7/23 Order”)). In so holding, this Court concluded that the People’s October 3, 2022 CoC/SoR was valid and there were a maximum of seventy-two (79) days [from July 1, 2022 until August 2, 2022 (31 days); from August 2, 2022 until August 12, 2022 (10 days); from August 12, 2022 until August 24, 2022 (12 days); from August 24, 2022 until September 19, 2022 (26 days)] elapsed on the speedy trial clock. (See 12/7/2023 Order at p. 7). B. Instant Motion to Dismiss Based on an Alleged Speedy Trial Violation In the instant motion, the defendant has again moved to dismiss on the grounds that the People have violated his statutory and constitutional speedy trial rights. (See Def.’s Aff. at Point I.A-B,

18-50 & Point I.C,

 
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