What is the test for dismissing a motion for a speedy trial?

We have recently stated that an "accused should not be required to relinquish [the right to a speedy trial] in order to vindicate his right to be free from malicious prosecution." Murphy v. Lynn, 118 F.3d 938, 949 (2d Cir.1997). Failure to treat a speedy trial dismissal as a favorable termination "would encourage state officials, hoping to shield wrongdoing officers... from liability, to commence criminal prosecutions against the victims of that wrongdoing and simply hold the criminal charges in abeyance until a court is forced to dismiss the case after six or more months." Id. at 951.