Presiding Justice Michelle Weston
Prosecutors appealed a Criminal Court order granting Bishop’s motion to dismiss the accusatory instrument under Criminal Procedure Law §30.30. Bishop was charged with attempted assault, resisting arrest, harassment and attempted obstruction of breathing or blood circulation. Prosecutors filed an information on Feb. 14, 2011, that was dated Feb. 10, 2011, with a written statement of readiness. The court granted dismissal noting prosecutors’ statements of readiness made on or before Feb. 14, 2011, were illusory as the Feb. 10, 2011 information was jurisdictionally defective. As such, more than 90 days elapsed from the date the action was commenced. The divided panel found the allegations contained in the Feb. 10, 2011 information sufficiently alleged facts from which Bishop’s intent could be inferred. Thus, prosecutors’ Feb. 14, 2011 statement of readiness was not illusory and they did not exceed the 90-day statutory speedy trial limit. Hence, Bishop’s §30.30 motion should have been denied, and the panel reversed order, and Bishop’s motion to dismiss was denied. The dissent voted to affirm the order finding the Feb. 10, 2011 information did not allege sufficient facts from which an inference of intent could be rationally drawn.
