The names have been changed to preserve the confidentiality of my client. This simulation is based on the charge of Third Degree Assault (N.Y. Penal Law §120.00). Please feel free to critique this dramatic performance.
This case was ultimately dismissed on Sixth Amendment speedy-trial grounds [See, CPL § 30.30(b)] ! In short, the Assistant District Attorney could not get the complaining witness to sign a document, within the required time period, corroborating the allegations. The charges were Assault in the Third Degree and Harassment in the Second.
The Standards on Speedy Trial and Timely Resolution of Criminal Cases have three main purposes: (1) to effectuate the right of the accused to a speedy trial; (2) to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and (3) to ensure the effective utilization of resources.
Enjoy!
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