Judge Koenderman
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=125460
DEFENDANT moved to dismiss the charges against him of unlawful possession of marijuana and criminal possession of marijuana on the ground that he was denied his right to a speedy trial pursuant to Criminal Procedure Law §30.30, alleging that more than 90 days have elapsed since his arraignment. Defendant claimed the lab analysis report filed and served by the People is insufficient to corroborate the factual allegations in the complaint since it references only the separately charged defendant and does not name the defendant specifically. Defendant further contended the People’s statements of readiness on those counts therefore were illusory and that 304 days are chargeable to them since arraignment. The court dismissed the motion after calculating that less than 90 days are chargeable to the People. The court noted that absence of defendant’s name on the analysis is an issue to be explored on cross-examination of the officer at trial, concluding that the information is a jurisdictionally sufficient accusatory instrument and the People’s statements of readiness upon it therefore are valid.
