People v. Waldron

Green, J.P., and Hayes, J. (dissenting).

We respectfully dissent. In our view, County Court erred in denying defendant’s motion to dismiss the indictment pursuant to CPL 30.30 (1) (a). It is undisputed that this action was commenced on January 23, 2000 with the filing of the felony complaint (see People v Lomax, *107750 NY2d 351, 356 [1980]), and that the People did not announce readiness on the record until defendant’s arraignment on December 20, 2000, 332 days later. Because defendant met his initial burden on the motion by alleging that the People failed to announce readiness within the…