People v. Miller

Judgment, Supreme Court, Bronx County, rendered December 15, 1978, convicting defendant, on jury verdict, of burglary in the second degree, and sexual abuse in the first degree, is unanimously affirmed. For the purpose of determining whether defendant’s statutory right to a speedy trial (CPL 30.30) has been violated, we hold the following periods of time are not chargeable against the People: (a) Delay between an application for a determination that the defendant was incompetent to stand trial and an ultimate determination that he was incompetent; such delays cannot have delayed his trial…