New York Court of Appeals
The People of the State of New York v. Melvin Brothers, Also Known as Arthur Every Regan
May 29, 198050 N.Y.2d 413
Summary
The New York Court of Appeals held that the defendant was entitled to a dismissal of the indictment under CPL 30.30 because the prosecutor failed to demonstrate readiness for trial, and that court congestion does not excuse the People’s lack of readiness. Accordingly, the Court reversed the Appellate Division, vacated the conviction and dismissed the indictment. Justice Jasen dissented, arguing that placement on the ready‑reserve calendar satisfied the statutory readiness requirement and that the conviction should be affirmed.