People v. Ranellucci

Herlihy, J. (dissenting).

The majority do not contend that the delay in this case of 19 months was in any way attributable to the defendant and they concede that the delay resulted from "prosecutorial inattention”. However, the issue is not merely one of a 19-month delay, and not simply one of prosecutor’s default.

None of the cases cited by the majority indicates that a defendant must simply subordinate his right to a speedy trial to the failings of those who represent the State after he had properly put the court on notice of his insistence on a speedy trial. Furthermore, the right of the…