Opinion
2011-12-15
The PEOPLE, etc., Respondent, v. Robert Guy DICKINSON, Appellant.
Robert M. Winn, Granville, for appellant. Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent.
Robert M. Winn, Granville, for appellant. Kevin C. Kortright, District Attorney, Fort Edward (Katherine G. Henley of counsel), for respondent. New York State Defenders Association, Albany (Alfred O'Connor of counsel), for New York State Defenders Association, amicus curiae.MEMORANDUM:
The order of the Appellate Division should be reversed and the indictment dismissed.
It is undisputed that the People were not ready for trial within six months of the commencement of the action, as CPL 30.30(1)(a) requires, even after application of the exclusions listed in CPL 30.30(4). The People's only claim is that defendant waived his rights under CPL 30.30 by participating in plea negotiations for several months.
While a defendant may waive rights under CPL 30.30 ( People v. Waldron, 6 N.Y.3d 463, 814 N.Y.S.2d 70, 847 N.E.2d 367 [2006] ), the record here contains no evidence of any waiver, written or oral. Mere silence is not a waiver. We repeat our observation in Waldron that “prosecutors would be well advised to obtain unambiguous written waivers in situations like these” ( id. at 468, 814 N.Y.S.2d 70, 847 N.E.2d 367).
Order reversed and indictment dismissed, in a memorandum.