()

Judge Joanne D. Quinones

Read Full-Text Decision

Nazarov, arraigned on a felony complaint charging him with coercion, among other things, moved for dismissal on speedy trial grounds. Prosecutors sought to dismiss the felony coercion count. They filed and served a superseding information (SSI) charging Nazarov with all the charges in the original accusatory instrument, including the felony. The court noted 133 days of chargeable time elapsed before prosecutors dismissed the felony count, and as the aggregate of that time, and the 90-day period applicable to the new charges exceeded six months, the applicable speedy trial period was six months from the filing of the felony complaint—182 days from Jan. 14. Nazarov argued the Sept. 6, 2016 statement of readiness and prosecutors’ subsequent declarations of readiness were invalid and illusory as the SSI contained a felony count, thus, the time from Sept. 6 through Feb 22, 2017 when prosecutors moved to dismiss the felony from the SSI was chargeable to them. While the court did not condone careless errors, it found prosecutors’ declarations of readiness—not effective as to the felony count—were valid regarding the properly converted non-felony counts. Thus, the adjournment was excludable, and as only 148 days were charged to prosecutors, dismissal was denied.