Does a Prosecutorial Failure Have a Direct Bearing on the State's Readiness ?

In People v. Anderson, 66 NY2d 529, 540 [1985] and later in People v. McKenna, 76 NY2d 59 [1990], the Court of Appeals considered when the People should be charged for "postreadiness" delay. In Anderson, the People were charged for their failure to exercise due diligence in producing a defendant in the People's custody. In McKenna, the Court determined that the People should be charged for their negligent failure to provide the trial court with Grand Jury minutes. The McKenna Court concluded, "the People's dilatory conduct in failing to provide the minutes ... was a direct, and virtually insurmountable, impediment to the trial's very commencement ... As such, the prosecutorial failure here must be deemed to be one having a direct bearing on the People's readiness" (supra, at 64).