What is the burden of establishing that there has been an inexcusable delay in bringing a motion to dismiss?
"New York", United States of America
The following excerpt is from People v. Ventura, 20 N.Y.S.3d 294 (Table) (N.Y. Crim. Ct. 2015):
The defendant bears the first instance burden of establishing, through sworn allegations of fact, that there has been an inexcusable delay beyond the time allotted by the statute. People v. Santos, 68 N.Y.2d 859, 861 (1986). Once the defendant has satisfied that burden, the People have the burden to go forward demonstrating the presence of sufficient excludable time in order to withstand a motion to dismiss. Id.
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