People v. Howard

OPINION OF THE COURT

Micki A. Scherer, J.

The defendant moves to dismiss the indictment pursuant to *550CPL 210.20, 30.20 and 30.30. The People oppose the defendant’s motion.

The court notes that the defendant has the initial burden of demonstrating that his speedy trial rights were violated. (People v Brossoit, 256 AD2d 919 [3d Dept 1998].) Once the defendant has made an initial showing that the People failed to declare their readiness within the statutory time period, the burden shifts to the prosecution to identify the exclusions upon which it relies. (People v Brossoit, supra.) The parties have…