OAD Secures Speedy Trial Dismissal

Today, the New York Supreme Court dismissed OAD's client's criminal facilitation indictment after finding that the trial prosecutor never responded to a pre-trial motion for dismissal based on a speedy trial violation.  Although the People sought to file an affirmation in response to the speedy trial motion after the Appellate Division remanded the case, the Supreme Court held that the inquiry on remand was limited to whether or not a pre-trial response had been filed. The Court held that because the People "neither satisfied their burden in response, nor raised a factual dispute requiring a hearing," dismissal was required.  You can read the decision here.