People v. Ricart

Friedman, J.P., and Webber, J.,

dissent in a memorandum by Webber, J., as follows: I respectfully dissent. In my opinion, the motion court properly denied defendant’s speedy trial motion.

In this case, the People were required to be ready for trial within 183 days after the commencement of the action. The motion court denied defendant’s 30.30 motion, finding that the People were chargeable with 181 days. On appeal, the People concede that they should have been charged with additional days that, if added to the total charged by the court, would require dismissal. The People argue, and I agree,…