People v. Goodman

Fuchsberg, J. (dissenting).

The main issue on this appeal is whether the People violated the obligation imposed upon them by CPL 30.30 (subd 1, par [a]) to be ready for trial within six months after the commencement of a criminal action in which one of the charges is a felony.

The facts are not disputed. On June 27, 1972, Leola Goodman filed a complaint against her husband, Ernest Goodman, for assault in the second degree, a class D felony, as a result of acts committed during a domestic quarrel on June 18, 1972. However, he was not indicted until February 1, 1973, more than seven months later.…