People v. Walker

OPINION OF THE COURT

Felice K. Shea, J.

The question presented by defendant’s motion to dismiss the indictment against him is whether the crime of attempted murder in the second degree is excluded from the six-month trial readiness rule set forth in CPL 30.30 (subd 1, par [a]).

In New York State, a defendant is entitled to dismissal of the charges against him unless the People are ready for trial within the time period fixed by statute. CPL 30.30 (subd 1, par [a]) requires the People to be ready for trial within six months of the commencement of a criminal action based upon felony charges. CPL…