The court properly denied defendant's speedy trial motion. During the period of delay at issue, a necessary police witness who was a member of the Army Reserve was serving on active duty, initially overseas and then while being treated for an injury received in Iraq. The court correctly found that the officer's unavailability constituted an exceptional circumstance (see CPL 30.30 [4] [g]). The People exercised due diligence by checking on the officer's status, initially...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.