People v. Knapp

OPINION OF THE COURT

Charles J. Heffernan, Jr., J.

This case presents the uncommon question whether time spent on a preconversion motion which was filed not at defendant’s request, but in compliance with a court directive over defendant’s objection should be excluded from speedy trial time inclusion pursuant to CPL 30.30 (4) (a) and People v Worley (66 NY2d 523 [1985]). Defendant, who is charged with one count of operating a motor vehicle while impaired by drugs (Vehicle and Traffic Law § 1192 [4]), has moved for an order dismissing the information for the People’s failure to accord him a…