People v. Asmal-Aucapina

*169OPINION OF THE COURT

Felicia A. Mennin, J.

Defendant Mario Asmal-Aucapina moves to dismiss the charges pending against him of driving while intoxicated, in violation of Vehicle and Traffic Law § 1192 (3) and (2), and driving while impaired, in violation of Vehicle and Traffic Law § 1192 (1), on the ground that he has been denied his statutory right to a speedy trial pursuant to CPL 30.30 (1) (b). Where, as here, a defendant is charged with at least one misdemeanor that is punishable by a sentence of greater than three months, the People must be ready for trial within 90 days of the commencement…