The New York Court of Appeals dismissed identity-theft-related convictions for OAD client Scott Barden today. The Court found that Mr. Barden's right to a speedy trial under New York Criminal Procedure Law § 30.30 had been violated because the People were not ready for trial within the statutory six month deadline. Specifically, the Court resolved a long-gestating issue of whether a defense attorney's response that "that should be fine" to a proposed adjournment date constituted consent to excluding that time from the speedy trial calculations. According to the Court of Appeals, such a generic statement by defense counsel is too ambiguous to be deemed consent.
Because the speedy trial issue resulted in the dismissal of Mr. Barden's convictions, the Court left open an issue currently dividing the Appellate Divisions about whether the numbers associated with a credit are the equivalent to a physical credit card under New York's Penal Law.
Mr. Barden was represented by former OAD Attorney-in-Charge Richard Greenberg. Former NYU Clinic students Elizabeth Jordan and Christine La Rochelle also represented Mr. Barden before the Appellate Division, First Department. Click here to read the Court of Appeals decision.