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PEOPLE v. MALLOY

2014-08115, Ind. No. 60/14.

137 A.D.3d 1304 (2016)

28 N.Y.S.3d 448

2016 NY Slip Op 02380

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK MALLOY, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 30, 2016.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

When a defendant is accused of a felony, the indictment must be dismissed unless the People are ready for trial within six months after the commencement of the criminal action (see CPL 30.30 [1] [a]; People v Young, 110 A.D.3d 1107, 1107-1108 [2013]). With respect to periods of delay that occur following the People's statement of readiness...

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