In People v. Colon, 42 Misc 3d 1228[A], 990 N.Y.S.2d 438, 2014 NY Slip Op 50243[U] (Crim Ct, Bronx County 2014), the court granted the defendant's motion to dismiss on speedy trial grounds.
The defendant was charged with criminal possession of marijuana in the fifth degree and unlawful possession of marijuana.
In granting dismissal, the court found that the People's statement of readiness, filed on September 27, 2013, was illusory in light of the fact that a laboratory report was not filed until October 7, 2013.
The court explained that absent a laboratory report, the People could not have been actually ready to proceed to trial since one of the necessary elements of their case was to prove that the substance recovered was marijuana.
Since the substance recovered from the defendant was not tested until October 7, 2013, the statement of readiness filed and served on September 27, 2013 was illusory and constituted nothing more than an expectation of future readiness.