15-045. THE PEOPLE, app v. ANGELO PROSCIA, def-res — Order (Linda Poust-Lopez, J.), dated June 6, 2014, reversed, on the law, motion denied, information reinstated, and matter remitted to Criminal Court for further proceedings.
Criminal Court erred in dismissing the accusatory instrument on speedy trial grounds. The People’s September 11, 2013 statement of readiness to proceed to trial on charges of criminal possession of a weapon in the fourth degree (Penal Law §265.01[1]), criminal possession of marijuana in the fifth degree (Penal Law §221.10[1]) and unlawful possession of marijuana (Penal Law §221.05), effectively stopped the “speedy trial” clock, inasmuch as the counts of the accusatory instrument pertaining to these charges was “deemed” converted to an information on that date (CPL 170.65[1]), and no basis is shown to conclude that the People were not then actually ready to proceed on the converted charges (see People v. Kendzia, 64 NY2d 331, 337 [1985]; People v. Carter, 91 NY2d 795, 798 [1988]). That the accusatory instrument may have contained other counts which had not been timely converted did not signify a lack of readiness to proceed on the properly converted counts, concerning which the People were “technically positioned” to go to trial (People v. Terry, 225 AD2d 306, 307 [1996], lv denied 88 NY 886 [1996]; see also People v. Dion, 93 NY2d 893 [1999]). We once again emphasize that speedy trial analysis “must, as a matter of course, often involve distinct considerations with respect to individual counts of a single accusatory instrument” (People v. Gonzalez, 168 Misc 2d 136, 137 [1996], lv denied 88 NY2d 936 [1996]; People v. Ausby, 46 Misc 3d 126[A], 2014 NY Slip Op 51763 [App Term, 1st Dept 2014], lv denied 24 NY3d 1218 [2015]; each quoting from People v. Minor, 149 Misc 2d 846, 848 [1989], lv denied 74 NY2d 666 [1989]). Giving proper effect to the People’s September 11, 2013 readiness statement, it is indisputable that the People complied with their speedy trial obligations with respect to the properly converted weapon possession and marijuana possession counts.
