People v. Howe

I write separately to clarify my view that the mere announcement of readiness for trial by a prosecutor *991does not satisfy the People’s obligation under CPL 30.30. It is not enough for the People to simply state on the record their readiness for trial; they must also be able to substantiate such an assertion (see, People v Dean, 45 NY2d 651, 656; People v Pardner, 90 AD2d 987). This is the only way a reviewing court may ascertain whether the prosecutor has "effectively” announced his readiness for trial (People v Brothers, 50 NY2d 413, 417). When the prosecutor makes his statement of readiness,…