People v. Francis

Balkin, J.,

dissents and votes to reverse the judgment, on the law, to vacate the plea of guilty, to vacate the amended decision and order dated January 10, 2012, and to remit the matter to the Supreme Court, Westchester County, for further proceedings, with the following memorandum: As noted by the majority, the Supreme Court granted the defendant’s motion to dismiss the indictment, in its entirety, on the ground that the defendant had been denied a speedy trial. The next day, however, the court, sua sponte, issued an amended decision and order, in which it granted the defendant’s speedy…