People v. Mortoza

OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Aslam Mortoza, is charged with assault in the third degree (Penal Law § 120.00 [1]), attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]). He moves to dismiss the criminal action against him on the ground that he has been denied his statutory right to a speedy trial (see CPL 30.30 [1] [b]). He argues that despite the People’s off-calendar notice of readiness, they in fact were not ready to proceed and that therefore they are chargeable with more than 90…