Can a defendant make a motion to dismiss a Motion to Dismiss on the grounds of speedy trial?

The People argue that the defendant's motion is not timely and was not made upon reasonable notice to the People citing People v. Lawrence, 64 NY2d 200 (1984) where the court indicated that the "[f]ailure to follow the statutory procedure results in a waiver of the claim." People v. Lawrence 64 NY2d 200, 203 (1984). However, the People's reliance on People v. Lawrence is misplaced.

The critical issue in People v. Lawrence was whether the defendant could, with permission of the court, make a motion to dismiss based upon speedy trial grounds after entry of a guilty verdict. In People v. Lawrence, the defendant had 18 days notice before the case was sent to trial to file his speedy trial motion. The court held that having failed to bring his speedy trial motion in writing and upon reasonable notice to the People prior to the commencement of trial and in accordance with the statutory procedure, the defendant had waived his right to

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