G. Speedy Trial
Jurisdiction | New York |
G. Speedy Trial
The accused has both a constitutional and statutory right to a speedy trial. The constitutional right to a speedy trial is codified in CPL § 30.20 and supplemented in CPL § 30.30.
1. Constitutional Right
Under the constitutional right to a speedy trial,189 the court must consider a number of factors in determining whether a delay has deprived an accused of this right. The court must consider the extent of the delay, the reason for the delay, the prejudice to the accused, the nature of the underlying charge and whether the accused is incarcerated.190 At a hearing on this issue, the accused has the burden of proof by a preponderance of the evidence.
"How long is too long," was the question answered by the Court of Appeals in People v. Wiggins.191 The Court found that the defendant's constitutional right to a speedy trial was denied in a case in which more than six years had passed between his arrest and his guilty plea. The decision provides a detailed guide to evaluating the relevant factors in determining whether there was a constitutional speedy trial violation.
2. Statutory Right
Under the statutory right to a speedy trial, the People must convey their readiness for trial within the periods set forth in CPL § 30.30(1):
1. Six months from commencement of the criminal action where the highest charge is a felony. Six months means calendar months with excludable periods noted below.
2. Ninety days from commencement of the criminal action where the highest charge is a class A misdemeanor.
3. Sixty days from commencement of the criminal action where the highest charge is a class B misdemeanor.
4. Thirty days from commencement of the criminal action where the accused is charged with a violation.
"Ready for trial" comprises two elements: (i) "either a statement of readiness by the prosecutor in open court, transcribed by a stenographer, or recorded by the clerk or a written notice of readiness sent by the prosecutor to both defense counsel and the appropriate court clerk" and (ii) the People must in fact be ready to proceed at the time they declare readiness.192 An off-calendar statement of readiness is presumed truthful and accurate, and "a defendant who challenges such a statement of readiness must demonstrate that it is illusory."193
The Court of Appeals has held that the prosecution should be charged with pre-readiness delays that even if they are caused by court congestion because those delays do not prevent the prosecution from stating its readiness in writing in an off-calendar statement.194
In announcing their readiness, the People must communicate their present readiness to defense counsel. Communication of readiness requires either a statement of readiness in open court or written notice of readiness to the court and defense counsel. Where the statement is made in court and defense counsel is not present, the prosecutor must notify defense counsel in writing of his or her readiness.195 A statement that a prosecutor will be ready on a future date is insufficient notice. The announcement of readiness cannot be made in superior court until after the case appears on the superior court calendar for arraignment. Therefore, the district attorney cannot announce "ready" if the case has been voted by the grand jury but has not yet appeared on the calendar for arraignment on the indictment.196 To be clear: the prosecution must truly be ready for trial. 197
The issue of whether post-readiness delay could be charged against the People was addressed in People v. Anderson.198 Under Anderson, the time period charged to the People after they have answered ready for trial is added to the time period charged to them prior to their readiness.
3. Filing the Motion
A motion to dismiss on speedy trial grounds must be in writing199 and filed before the trial is commenced or a plea of guilty is entered. An accused meets his or her burden of going forward under CPL § 30.30 by showing that the People did not answer ready within the applicable time period. The People then have the burden to show that certain time periods are excludable from the calculation.200
4. Excludable Periods
In computing the time within which the People must be ready for trial, the following periods must be excluded:201
1. Delay resulting from pretrial motions, appeals, trial of the accused on other charges, periods where the accused is incompetent to stand trial and the period during which the court is deciding these issues.202
2. Adjournments granted on consent of, or at the request of, the accused. 203 Defense counsel's mere failure to object to the adjournment does not constitute consent.204
3. The period of delay resulting from the accused's absence or unavailability where his or her presence cannot be known or secured by due diligence.
4. The period of delay when the accused has either escaped from custody or has failed to appear when required after having been released from jail, provided the accused is not in jail on another matter.
5. Delay resulting from joinder of the accused with a co-accused, where there is no good cause for a severance.205
6. Delay resulting from detention of the accused in another jurisdiction.206
7. Where the accused is without counsel.
8. Delays occasioned by exceptional circumstances.207
9. The period during which an action has been adjourned in contemplation of dismissal.208
10. The period prior to the accused's actual appearance for arraignment, in a situation in which the accused has been directed to appear by the district attorney, pursuant to CPL § 120.20(3) or 210.10(3).
11. The period...
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