Justice Richard Lee Price
Williams moved to dismiss the charges of forcible touching and harassment under Criminal Procedure Law §30.30, on speedy trial grounds. At the time of Williams' arraignment prosecutors announced their readiness to proceed to trial. Defense counsel filed an omnibus motion and the case was adjourned. Division of Parole executed a parole warrant and took Williams into custody for alleged parole violations. The court noted on several adjourned dates, Williams was not produced in court. It then rendered its decision on defendant's omnibus motion, and adjourned the case until Sept. 14, 2012, wherein Williams was produced. He sought dismissal of the accusatory instrument on speedy trial grounds claiming prosecutors were chargeable with 174 days, exceeding the 90 day permissible period. The court stated the post-arraignment adjournment was for defense counsel to file a pretrial omnibus motion, stating such adjournments were excludable from any speedy trial calculation. Also, it noted prosecutors were not obligated to be ready for trial on the next adjourned date as the law did not require them to be ready on the day the court rendered a decision on motions, or adjourned a case for same. Thus, Williams' motion was denied as the speedy trial clock did not expire.