People v. Michalek

OPINION OF THE COURT

Patricia Anne Williams, J.

The defendant Anthony Michalek is charged with driving while impaired by the use of alcohol is violation of Vehicle and Traffic Law § 1192 (1). On April 3, 1987, he was arraigned on a criminal court complaint embodying that single charge. On August 6, 1987, 125 days later, the defendant filed a motion to dismiss, based on alleged speedy trial violations by the People, pursuant to CPL 30.30. For the reasons set forth herein, this motion must be denied.

CPL 30.30 constitutes the statutory speedy trial provision and applies only to felonies,…