People v. Clary

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Defendant pleaded guilty to criminal sale of a controlled substance in the third degree following denial of motions to dismiss for violation of his statutory right to a speedy trial pursuant to CPL 30.30. Defendant was arrested on April 15, 1977 and the People reported ready for trial on October 20, 1977. If the People are not ready for trial within six months of commencement of a criminal action, the indictment must be dismissed unless the People establish statutory periods of exclusion which justify…