Summary
In Daley, the Court found the People's delay in providing a redacted copy of a search warrant to the defense to be unjustified and unexcused.
Summary of this case from People v. SaundersOpinion
October 25, 1999
Appeal by the People from so much of an order of the Supreme Court, Kings County (Griffin, J.).
ORDERED that the order is affirmed insofar as appealed from.
The Supreme Court correctly determined that the People should be charged with the unreasonable period of delay resulting from their unexcused and prolonged failure to prepare a protective order and provide the defense with a redacted copy of the search warrant and the confidential informant's supporting affidavit (see, People v. McKenna, 76 N.Y.2d 59 ; People v. Burwell, A.D.2d ** [2d Dept., Apr. 12, 1999]; People v. Owens, 209 A.D.2d 549 ; People v. Holmes, 206 A.D.2d 542 ; People v. Commack, 194 A.D.2d 619 ; accord, People v. Reid, 245 A.D.2d 44 ; People v. Lawrence, 222 A.D.2d 279 ; People v. Rodriguez, 214 A.D.2d 1010 ;People v. Harris, 187 A.D.2d 1015, affd 82 N.Y.2d 409 ). Contrary to the People's contentions, their unexcused failure precluded the defendant from moving to controvert the warrant and thus effectively prevented this action from going forward. Accordingly, considering all of the time periods involved, the defendant was not provided with a speedy trial and the Supreme Court correctly adhered to its determination granting his motion to dismiss the indictment.
S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.