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Posted: July 28, 2019

New York State's Speedy Trial Statute Modifications

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New York State has legislatively modified its speedy trial statute to include, for the first time, vehicle and traffic law infractions within the list of covered offenses. See Criminal Procedure Law Section 30.30(1)(e) and (2)(e). The New York State speedy trial statute was also modified to require the Court to meaningfully evaluate any period of allegedly excludable delay that occurs after the prosecutor files a statement of unreadiness following a statement of readiness when the subsequent effort to secure an excludable delay is allegedly attributable to exceptional circumstances, as described in Criminal Procedure Law Section 30.30(4)(g).

Section 30.30(5) of the Criminal Procedure Law was added to require the Court to evaluate the good faith nature of prosecutors’ statements of readiness and to require the prosecutor to file a statement of good faith compliance with the discovery procedures of the newly-enacted Criminal Procedure Law Section 245.20 when announcing trial readiness. Section 30.30(5-a) of the Criminal Procedure Law was added to require that statements of readiness in matters involving local criminal court accusatory instruments will not be valid unless the prosecutor certifies that all counts of the accusatory instrument are facially sufficient and meet the corroboration requirements of Criminal Procedure Law Section 100.40 and that any counts not meeting these requirements have been dismissed. Section 30.30(6) of the Criminal Procedure Law was added to provide for the appealability of the denial of a statutory speedy trial motion when the defendant ultimately entered a guilty plea.

If you would like more information regarding New York State’s revisions to its speedy trial statute you can call me at 917-817-9001 or e-mail me at scott@fenstermakerlaw.com. This blog posting is not designed to provide you or anyone else with legal advice. If you would like legal advice, please contact me or your attorney.

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