Speedy Trial and the Congested Trial Calendar

In People v. Ganci, the defendant had been indicted for robbery, larceny, and assault while serving a prison sentence for another conviction. Five and one-half months after his indictment he moved, pursuant to section 668 of the New York Code of Criminal Procedure, to dismiss for failure to prosecute. Eleven months later, sixteen months after the indictment, he was brought to trial, convicted, and sentenced. On appeal, the New York Supreme Court, Appellate Division, Second Judicial Department affirmed, whereupon the defendant appealed by permission to the New York Court of Appeals. On this appeal he contended that the delay deprived him of his federal constitutional and New York statutory right to a speedy trial. The New York Court of Appeals concluded that the delay was attributable to the congestion of the criminal trial calendar brought about by a policy of processing indictments in the sequence of their presentment. The majority held that such a delay constitutes good cause for not dismissing the indictment under the New York statute