People v. Goggans

OPINION OF THE COURT

Alan D. Marrus, J.

The defendant has made a motion pursuant to CPL 30.30 to *80dismiss his indictment for denial of a speedy trial. The bulk of the delay here has been caused by the codefendant’s claim of police brutality against the police officer who swore out the felony complaint and who is a material witness.

The chief issue is whether the period of time during which the People investigated this complaint of police brutality made by the codefendant constitutes excludable speedy trial time from the defendant’s case. Does this period of time constitute an exceptional…