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INDICTMENT DISMISSED BECAUSE SPEEDY TRIAL RIGHTS DENIED

WAIVER SHOULD HAVE SECURED WHILE PLEA NEGOTIATIONS WERE UNDERWAY

After she was convicted by the New York Count Supreme Court of “attempted assault in the second degree,” and sentenced to a term of 1½ to 3 years, T.M. appealed the denial of her “speedy trial motion.”

And on its review, the Appellate Division, First Department, noted that it took prosecutors some 284 days to file a “Certificate of Readiness.” While plea discussions were underway, the AD1 noted that T.M. never waived her speedy trial rights, nor did prosecutors require a waiver as a condition of those negotations.

Since “[m]ere silence is not a waiver,” the AD1 thought T.M.’s motion should have been granted and the indictment dismissed.

Was that all-time low for the People?

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DECISION

People v M.

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