Ira Halfond, Forest Hills, for defendant.
Richard A. Brown, District Attorney of Queens County, Kew Gardens (
Elanora Rivkin of counsel), for plaintiff.
OPINION OF THE COURT
AUGUSTUS C. AGATE, J. The defendant is charged with Penal Law § 120.00 (1) assault in the third degree, Penal Law § 265.01 (2) criminal possession of a weapon in the fourth degree, and Penal Law of readiness, and that the 28 days that passed between the time of filing to the next scheduled court date does not constitute "prompt notice" as is the requirement. Therefore these 28 days are added to the other days charged to the People which adds up to a total of 94 days chargeable to the People. This amount exceeds the 90-day requirement with which the People had to announce their readiness for trial. Therefore the defendant's speedy trial rights have been violated, and the defendant's motion to dismiss in compliance with CPL 30.30 is granted.