People v. Anderson

OPINION OF THE COURT

Meyer, J.

Although CPL 30.30 (3) (b) recognizes the right of a defendant to move, for dismissal after the People have answered ready, that provision simply preserves for the People such portion of the readiness period established by the section as remained available when readiness was originally declared, in the limited situation where "some exceptional fact or circumstance,” occurring after the initial readiness response, makes it impossible for the People to proceed. The rules governing postreadiness failures on the part of the People differ from those relating to…