Judge Matthew Sciarrino Jr.
Chernak was charged with attempted assault, menacing and harassment, among other things. All felony charges were dismissed and he moved for dismissal of the accusatory instrument arguing he was denied his right to a speedy trial. Prosecutors announced not ready for trial and requested an adjournment. The court noted that while generally prosecutors were only charged the time they requested, it stated it would treat this adjournment as pre-readiness delay as prosecutors’ prior assertion of ready was illusory and they have not subsequently announced ready. Thus, the entire 84-day period was charged to prosecutors. Further, prosecutors again announced not ready for trial, but despite their claiming defendant requested an adjournment the court found nothing in the court’s action time sheet indicated same, and charged the entire 72-day period to prosecutors. The court noted where a criminal action was commenced by the filing of a felony complaint that was later reduced to a misdemeanor complaint, prosecutors had 180 days from the filing of the felony complaint or 90 days from the reduction to a misdemeanor complaint to commence trial. As more than 90 days were charged to prosecutors, Chernak was denied his right to a speedy trial and dismissal was granted.
