Judge Abena Darkeh

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Rivera, arraigned on a felony complaint that charged him with, among other things, sexual abuse, moved for dismissal of the charged on speedy trial grounds. The parties disputed the excludability of one particular adjournment—Sept. 15, 2016 to Dec. 13, 2016. Rivera argued prosecutors should be charged for such period as the delay was after he waived pre-trial motions in-court, and claimed the length of the adjournment exceeded a reasonable period of delay for prosecutors to prepare for trial. The court rejected such contentions finding Rivera was responsible for the delay where the court previously granted his request to set a motion schedule, but he subsequently changed positions and announced a waiver of motions on the calendar date set for response and decision. Also, it noted the transcript of the Sept. 15 calendar call indicated Rivera was solely responsible for the length of the delay, noting while prosecutors requested an earlier date than the adjournment period the court set, defense counsel requested a later date stating Rivera recently commenced a new job out of state. The court concluded the entire disputed period was excluded. Hence, as prosecutors were only charged with 65 days, they did not exceed the speedy trial time, and dismissal was denied.