People v. Cross

Summary

The court held that a defendant-caused delay under the speedy-trial statute need not postpone an already scheduled trial date; it is enough that the defendant's conduct delays the running of the 120-day statutory term. The trial court therefore acted within its discretion in attributing 34 days to defendant's late alibi disclosure, eliminating any speedy-trial violation and defeating his ineffective-assistance and plain-error claims. The court affirmed the appellate court's judgment and expressly overruled the contrary rule that no delay exists unless the trial date is postponed.