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Sunday, July 03, 2022

State v. Marcus Mackroy-Davis (086626) (Burlington County & Statewide) (A-43-21

 State v. Marcus Mackroy-Davis (086626) (Burlington County & Statewide) (A-43-21; 086626)

Defendants have the right to be released two years after a judge orders them detained, excluding delays attributable to the defendant, if the prosecutor is not ready to proceed to trial. N.J.S.A. 2A:162-22(a)(2)(a). The statute is silent about what happens if the parties are ready but there are not enough courtrooms or judges to try the case. In addressing that dilemma, the Court attempts to balance the relevant interests in a way that comports with defendants’ rights under the CJRA.