Legal Opinion · Dissent

People v. Rodriguez

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 2016No. 16334 3639/12Published

1DissentAndrias, J.

Based on its holding that the off-calendar certificates of readiness filed by the People on August 30, 2011 and February 7, 2012 must be deemed illusory under People v Sibblies (22 NY3d 1174 [2014]), the majority finds that defendant’s CPL 30.30 speedy trial motion should have been granted because 295 days are chargeable to the People. However, because I believe that Sibblies is inapposite and that defendant is not entitled to dismissal on speedy trial grounds on the record before us, I respectfully dissent.

On August 25, 2011, defendant was arraigned on three misdemeanor charges in Criminal…

2Cases cited6 opinions

  1. People v. CarterNew York Court of Appeals · 1998
  2. People v. GossNew York Court of Appeals · 1996
  3. People v. SibbliesNew York Court of Appeals · 2014
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. HerbinAppellate Division of the Supreme Court of the State of New York · 2011

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