Judge Humphreys issued his decision reversing the conviction on November 4, 1994. From that date, the State had 90 days within which to retry plaintiff to avoid dismissal on speedy trial grounds.
See N.Y.Crim. Pro. L. 30.30(1), (5). The only evidence in the record of the next action taken by the State indicates that on April 7, 1995, 147 days after Judge Humphreys issued his decision, the Otsego County District Attorney's Office moved to have a Special Prosecutor appointed. Def. Ex. N at 2. Over one month later, the Special District Attorney filed a statement of readiness for trial.
Id. at 2–3. Defendants offer no reason whatsoever for the delay. Moreover, their assertion that “the prosecutor opposed the application for dismissal on speedy trial grounds” is directly contradicted by the very document they submit to support that assertion: the prosecutor's letter brief addressing the motion, which states: “I will not oppose [the] motion of dismissal on speedy trial grounds.” Def. Ex. N at 2.