Commonwealth v. Dirico

*608 **492 The defendant, Joseph Dirico, claims a violation of his rights to a speedy trial under Mass. R. Crim. 36 (b), as amended, 422 Mass. 1503 (1996) (rule 36 [b] ); the Sixth Amendment to the United States Constitution, as incorporated through the Fourteenth Amendment; and art. 11 of the Massachusetts Declaration of Rights. The defendant contends that the Commonwealth was responsible for the delay in providing him with the results of deoxyribonucleic acid (DNA) evidence testing, and that none of the time after he filed a motion for mandatory discovery should be considered excludable delay.…