[U] People V. Melendez

The defendant, Steven Melendez, is charged with criminal possession of a weapon (P.L. §265.01[1]), possession of ammunition (A.C. §10-131[i][3]), and two counts of criminal possession of a controlled substance in the seventh degree (P.L.§220.03). He has moved for an order dismissing the accusatory instrument on the ground that he has been denied his right to a speedy trial. The main issue before the Court, which appears to be one of first impression, is whether the People should be charged with the period of time when the defendant was not present in court while under "house arrest" awaiting trial in federal court. The defendant argues that he was in "custody" during this period, and since the People requested the adjournments in order to "produce" him for his Court appearances, they should be charged with the time. The People respond, in substance, that the defendant's "house arrest" status does not possess any of the earmarks of "custody" or "detention" for the purposes of CPL § 30.30, and that the People should not be charged with the time period in question. The motion to dismiss the accusatory instrument on speedy trial grounds is denied in its entirety.