New York Court of Appeals

People v. Patrick Labate

March 21, 2024

Summary

The Court affirmed dismissal of the reckless-driving count under the speedy-trial statute because the People repeatedly announced postreadiness unreadiness without explaining the cause of the resulting adjournments. Although the People ordinarily are charged only with the period they specifically request, they must establish a valid reason for postreadiness unreadiness so the court can determine whether additional delay is attributable to them or to the court. Because the People gave no explanation at the relevant appearances or in response to the dismissal motion, the entire 43-day period was chargeable to them.