People v. Conrad

OPINION OF THE COURT

Hyman T. Maas, J.

The issue presented on this appeal is whether the trial court’s negligence in scheduling a jury trial is a basis to grant a motion to dismiss for failure to grant defendant a speedy trial under CPL 30.30.

CPL 30.30 (subd 1) explicitly states that a motion to dismiss "must be granted where the people are not ready for trial”. The negligence of the trial court cannot be imputed to the People or prosecutor. The trial court is not "the people” referred to in the statute.

*656The clear legislative intent in CPL 30.30 was to compel the prosecutor to prepare to try his…