This motion to dismiss presents an issue of apparent first impression. Its resolution may have a significant impact upon trial capacity of the Criminal Court.
The relevant statutory provisions are familiar.
Where a defendant is charged with a class A misdemeanor, he is entitled to a jury trial (CPL 340.40, subd 2) and the People must be "ready for trial" within 90 days of the commencement of the action, less excludable...
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