Judge Andrew Engel
Canosa was charged with driving while intoxicated, and moved for dismissal arguing the speedy trial clock expired. The court noted it was undisputed that 573 days passed since Canosa was arraigned. One period of 151 days between Feb. 24, 2013 and July 23, 2013 remained in controversy. Canosa argued the entire period was to be charged to prosecutors claiming their certificate of readiness for trial was illusory. The court disagreed noting the difference between prosecutorial delay before they announced ready for trial and the delay after announcing ready for purposes of calculating speedy trial time. It stated pre-readiness delay, unless otherwise excludable, was entirely charged to prosecutors, whether they requested the entire period of adjournment or not; while in post-readiness delays, prosecutors were only charged with those periods solely the result of their conduct, and not that which was beyond their control, including court congestion. The court concluded the time of "pre-readiness" adjournment was charged entirely to prosecutors, but only a total of 36 days were charged to prosecutors. Therefore, Canosa’s motion to dismiss was denied.
