People v. Beshiri

CourtNew York Criminal Court
Citation75 Misc.3d 1206 (A),167 N.Y.S.3d 383 (Table)
Docket NumberDocket No. 2019BX019319
Parties The PEOPLE of the State of New York, Plaintiff, v. Erion BESHIRI, Defendant.
Decision Date16 May 2022

75 Misc.3d 1206 (A)
167 N.Y.S.3d 383 (Table)

The PEOPLE of the State of New York, Plaintiff,
v.
Erion BESHIRI, Defendant.

Docket No. 2019BX019319

Criminal Court, City of New York, Bronx County.

Decided on May 16, 2022


For the Defendant: The Legal Aid Society (Mark Formichelli, Esq.)

For the People: Darcel Clark, District Attorney, Bronx County (ADA Christian Commelin)

Jeffrey Zimmerman, J.

This case reveals a not-so-well-kept secret of Bronx Criminal Court: lawyers routinely ignore judicially set motion deadlines. To slightly re-order the words of Daniel Patrick Moynihan, deviancy can be defined downward only so far before there are consequences. In this case, that point has been reached: the People's decision to blow off the Court's motion schedule must result in the blowing up of their 30.30 clock.

Defendant Erion Beshiri moves for dismissal of the charges against him on statutory speedy trial grounds. Specifically, the defendant alleges that the accusatory instrument is facially insufficient, rendering all statements of readiness (SORs) invalid. Defense also argues that the People should be charged additional speedy trial time for their delay in responding to the instant motion. The People oppose. After a careful consideration of the defendants’ motions, the People's responses, documents contained in the court file, and the transcripts from the proceedings, the Court finds that it need not reach the facial sufficiency issue, because even if the accusatory instrument is facially sufficient, at least one hundred and thirteen [113] days are chargeable to the People. The Court therefore GRANTS the defendant's motion.

SPEEDY TRIAL

The defendant is charged with Operating a Vehicle While Ability Impaired by Drugs ( VTL § 1192 [4] ), which is a class A misdemeanor. Accordingly, the People must be ready for trial within ninety days from the commencement of the criminal action ( CPL § 30.30 [1] [b] ). The parties both agree that Judge Johnson found, in her August 5, 2020 speedy trial decision, [78] days chargeable to the People. The parties also agree that at least [5] additional days after that decision was issued are chargeable to the People, from November 8, 2021 to November 10, 2021; then December 15, 2021 to December 17, 2021; and then January 5, 2021 to January 6, 2021.1

On March 2, 2022, the case was called in Part TP2. Defense indicated on the record they were filing the instant motion and a schedule was set. Defense did in fact file its motion on March 2, 2022. The assigned ADA was present in court and was instructed, again on...

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