People v. Sheehan

*696OPINION OF THE COURT

Joanne D. Quiñones, J.

Defendant is charged with criminal obstruction of breathing, in violation of Penal Law § 121.11 (a), attempted assault in the third degree, in violation of Penal Law §§ 110.00, 120.00 (1), and harassment in the second degree, in violation of Penal Law § 240.26 (1). Defendant now moves to dismiss the information on the grounds that he has been denied his right to a speedy trial pursuant to Criminal Procedure Law §§ 30.30 (1) (b) and 170.30 (1) (e). In determining the motion, the court is called upon to examine the scope and meaning of the executive…