People v. Osgood

This appeal illustrates the frailty of the English language and contrast in judicial philosophies. To bring the problem it presents more clearly into focus, it is important to note that we deal not with the constitutional due process right to a speedy trial, but with what the Legislature meant to require when it enacted CPL 30.30. The majority concludes that the section must be interpreted to require dismissal of a felony indictment and consequent bar to further prosecution of its charge or charges (CPL 210.20, subd 4), without trial, without any indication of prejudice to the defendant, and…