The following excerpt is from People v. Douglas, 17 N.Y.S.3d 384 (Table) (N.Y. Crim. Ct. 2015):
Although the defendant has the first instance burden of showing, through sworn allegations of fact, that there has been an inexcusable delay beyond the time allotted by the statute, once the defendant has made that showing, the People bear the burden of going forward to demonstrate the existence of sufficient excludable time in order to withstand a motion to dismiss. People v. Santos, 68 N.Y.2d 859, 861 (1986).
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