People v. Gruden

In each of these cases the defendants moved to dismiss the indictment on speedy trial grounds, claiming that the People were not ready for trial within six months of the commencement of the criminal action (CPL 30.30, subd 1, par [a]). The People did not dispute the facts alleged in the defendants’ motion papers. Instead they consented to a hearing.

CPL 210.45 (subd 4, par [c]) provides that "The court must grant the motion without conducting a hearing if * * * [t]he sworn allegations of fact essential to support the motion are either conceded by the people to be true or are conclusively…