People v. Sibblies

In People v. Sibblies, 22 NY3d 1174 [2014] the People filed an off-calendar statement of readiness on February 22, 2007, and then subpoenaed medical records of the complainant 8 days later (Sibblies, 22 NY3d at 1175). At the next court date, on March 28, 2007, they announced that they were not ready for trial because they were "continuing to investigate and were awaiting medical records" (id.). The issue addressed in Sibblies was whether the off-calendar statement of readiness was belied by the People's subsequent failure to be ready when the case was next calendared. A concurring opinion in Sibblies would impose a burden on the People, if challenged, to "show in response to such a challenge that some exceptional fact or circumstance arose after their declaration of readiness so as to render them presently not ready for trial" if the People wish to "preserve such portion of the readiness period as remained available when readiness was originally declared" (id. at 1178).