People v. Barden

Defendant was indicted on charges of identity theft in the first degree, criminal possession of stolen property in the fourth degree, and theft of services. At several court appearances, the People requested adjournments. Defendant moved to dismiss the indictment based on a violation of his statutory speedy trial rights. Supreme Court denied the motion. More than sixteen months after commencement of the criminal action, Defendant was convicted as charged. The Appellate Division modified the judgment by dismissing the identity theft count but otherwise affirmed. The Court of Appeals reversed, holding that Defendant was entitled to dismissal of the indictment on speedy trial grounds, as (1) Defendant did not consent to additional delay attributable to court congestion, and (2) the People failed to announce readiness within the statutory time period. View "People v. Barden" on Justia Law