People v. Cross

This case presents question as to whether trial court violated defendant’s speedy trial rights, where: (1) defendant filed one month prior to start of scheduled trial supplemental discovery disclosure that asserted alibi affirmative defense to which government had objected; (2) in response to said objection, trial court held that time between filing date of supplemental discovery disclosure to unchanged scheduled trial date would be delay attributable to defendant; and (3) defendant subsequently claimed that he was not tried within 120 days after his arrest, excluding certain delays. Appellate Court, in affirming defendant’s murder conviction, found that delay could be attributed to defendant without considering any actual movement of trial date. In his petition for leave to appeal, defendant argued that trial court erred in attributing to him delay in speedy trial term as sanction for discovery violation under Rule 415(g)(i), where there was no actual delay in trial. (Partial dissent filed.)