Cases involving rape, attempted murder among those dismissed because prosecutors are blowing deadlines
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The statewide statistics showed a nearly 161 percent increase in such dismissals, as well as a 63 percent increase in Albany County, a 262 percent increase in Rensselaer County and 450 percent hike in Schenectady County. Saratoga County, in contrast, showed zero speedy trial dismissals, according to data available on the website of the state’s Unified Court System.
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Under Section 30.30 of New York state criminal procedure law, prosecutors must be ready for trial within six months from the initiation of felony charges; the deadline is 90 days for serious misdemeanors, 60 days for lesser misdemeanors, and 30 days for lesser violation offenses. If prosecutors miss the speedy trial deadline, judges can dismiss the case. That means defendants facing everything from minor harassment charges to allegations connected to violent crimes can walk free.
These “30.30 dismissals” reflect the type of errors that are often highlighted in campaigns against incumbent district attorneys. They can also cost lower-ranking prosecutors their jobs.
“When I see the statistics, they certainly are scary,” said Richard C. Lewis, president of the New York State Bar Association, calling the data “clearly disturbing.”
Data on speedy trial dismissals are on the state court system’s website (nycourts.gov) under the heading “Programs & Services.” By clicking on a link for “Research: Data and Stats,” readers can access data on changes to the law guiding the pretrial discovery process. Six pages of statistics track speedy trial numbers before and after those changes took effect at the start of 2020, shortening the length of time for prosecutors to provide evidence to the defense.
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lennyesq 