People v. Brown

In each of these three appeals, Defendants moved to dismiss the accusatory instrument on speedy trial grounds, asserting that the People’s off-calendar statements of readiness were illusory because the People were not, in fact, ready for trial at the next court appearance. At issue before the Court of Appeals was whether, in the event of a change in the People’s readiness status, the People or the defendant have the burden of showing that a previously filed off-calendar statement of readiness is illusory. The Supreme Court held (1) the People’s previously off-calendar statement of readiness if presumed truthful and accurate; and (2) a defendant can rebut this presumption by demonstrating that the People were not, in fact, ready at the time the statement was filed. View "People v. Brown" on Justia Law