Speedy Trial - Superseding Information Dismissed
Criminal Defense Attorneys know that the People can amend their instruments, the 'tickets' or charges, but Prosecutions must be ready from commencement of the criminal matter. Criminal Case Dismissed - Dismissed because the Speedy Trial Violations of the People in this case involving Assault and Weapon Possession.
In the case of People v. Williams, defendant is charged by superseding misdemeanor information with five counts of Assault in the Third Degree (PL §120.00(1)), one count of Criminal Possession of a Weapon in the Fourth Degree (PL §265.01(2)), one count of Menacing in the Second Degree (PL §120.14), one count of Criminal Obstruction of Breathing or Blood Circulation (PL §121.11(a)), and five counts of Harassment in the Second Degree (PL §240.26(1)). The case drags on for quite some time throughout the pandemic for which this Court dedicates a great amount of time discussing the impact of the Governor's tolling.
For misdemeanors, the Criminal Defense Attorney knows that after ninety (90) days, there may be an issue as to New York statutory speedy trial violations. Defendant moves to dismiss the accusatory instrument pursuant to CPL §30.30 on speedy trial grounds. Defendant contends in his motion papers that the People had six months to be ready for trial, however, the People took 277 days to file the superseding accusatory instrument and state their readiness for trial. The Court notes the standard and that:
As an initial matter the Court must determine how many days were chargeable to the People prior to the filing of the superseding misdemeanor information in order to determine the applicable CPL §30.30 time period. In the case at bar, the People filed the original accusatory instrument, that being the felony complaint, with the Court on September 11, 2020 and as such, that is the date of the commencement of the action. See People v. Smietana, 98 NY2d 336 (2002); People v. Hauben, 12 Misc. 3d 1172A (Dist Ct Nassau 2006); People v. Griffen, 141 Misc. 2d 627 (Crim Ct. Queens Cty 1988).
In this case, "The initial felony complaint was filed on September 11, 2020, however, a felony hearing was never held, defendant was never indicted and the People did not file the superseding misdemeanor information and announce their readiness in this matter until July 8, 2021." The Court, applying the above New York Speedy Trial Calculation continues below as to the standard,
The point of commencement of an action for speedy trial purposes is the filing of the first accusatory instrument. People v. Lomax, 50 NY2d 351 (1980); see also, People v. Stirrup, 91 NY2d 434 (1998). The actual date of filing is not includable in the calculation. People v. Stiles, 70 NY2d 765 (1987). The burden is on the People to prove their entitlement to statutory speedy trial exclusions for pre-readiness delays. People v. Luperon, 85 NY2d 71 (1995). Pursuant to CPL §30.30(7)(c), when a criminal action is commenced by the filing of a felony complaint that is later replaced by a misdemeanor information, the period applicable for determining the amount of time in which the People must be ready for trial is the period applicable to the new charges, calculated from the date of the filing of such new accusatory instrument, or six months from the filing of the felony complaint, whichever is shorter....
In other words, where the aggregate of the period of time applicable to the new charges and the period of chargeable time already elapsed from the date of the filing of the felony complaint to the date of the filing of the new accusatory instrument exceeds six months, excluding the periods provided in CPL §30.30(4), the applicable period is six months from the filing of the felony complaint. People v. Cooper, 98 NY2d 541 (2002);
After a lengthy period of delay, "On July, 8, 2021 the People filed the superseding complaint, filed their Certificate of Compliance and stated ready on the misdemeanor charges..." The People said they would, as seemed reasonable, but never did present this case to a Grand Jury for an Indictment. Misdemeanors require readiness within ninety (90) days. Here, "In the case at bar, the People have failed to establish facts to show that it was necessary for CPL §30.30 speedy trial time to be tolled in the instant matter from November 23, 2020 until July 8, 202...
The Case is People v. William, and the Court concludes that "Based upon the foregoing, the People are charged with the time from November 23, 2020 through to July 8, 2021, in total, 227 days. Pursuant to CPL §30.30(7)(c), the People had six months, which in the present case is 181 days, from September 11, 2020, the date of the filing of the original accusatory instrument, to be ready for trial. As such, the People have exceeded the six months afforded by CPL §30.30(1)(b) and (7)(c)." Defendant’s motion to dismiss the superseding information pursuant to CPL §30.30 is granted.
Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954) 998-2918 (FLA)
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