In People v. Persaud, 21 Misc 3d 522, Kings Cty Crim Ct (2008) there was a two and a half year delay after the arraignment on a charge of driving while impaired. The People had earlier conceded 30.30 on the VTL 1192 (2) charge and only the VTL1192 (1) charge remained. Subsequent to the CPL 30.30 dismissal, the defendant filed a new motion seeking dismissal of the remaining count on constitutional grounds pursuant to CPL 30.20. The court held that, although neither party was responsible for the delay, that "upon a review of all the circumstances, the court exerts its discretion in the interest of justice and grants the defendant's motion for the dismissal of the information pursuant to the Sixth and Fourteenth Amendments to the U.S. Constitution and CPL 30.20."