“whether the People’s declarations of readiness was valid despite the fact that when the prosecution declared itself ‘ready for trial’ it was still not in possession of forensic evidence and medical records that they intended to introduce at trial”

 

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When announcing readiness for trail, the prosecution is not required to produce witnesses instantaneously for the statement to be valid. The prosecution may declare readiness while still gathering additional evidence to strengthen its case. Along these lines, discovery has no bearing on announcing readiness. In other words, the prosecution’s declaration of readiness was not rendered “illusory” because the prosecutor was not yet in possession of forensic evidence and medical records which was intended to be introduced at trial.

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It is still important to point out that In announcing readiness, the prosecution is indicating its present readiness to actually proceed to trial. For this reason, in contrast to discovery related issues, the prosecutor’s failure to produce the complainant may render a statement of readiness void. Similarly, if the prosecution announces readiness before the arraignment without enough time to arraign the defendant before the lapse of the statutory limitations period, a facially sufficient announcement of readiness is void as illusory.

Clearly, the law is quite complicated. Please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

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