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People v. Maslowski

Certificate of Translation Necessary to Convert Instrument DA Exceeds Trial Readiness Time

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Decision and Order

*1  The defendant, Bartosz Maslowski, is charged with Assault in the Third Degree (P.L. §120.00) and Harassment in the Second Degree (P.L. §240.26(1)). He now moves this Court to dismiss the information on trial readiness grounds. The defendant’s dismissal motion rests upon two arguments: That the People’s February 8, 2017, declaration of non-readiness for trial, based upon the prosecutor’s intention of obtaining medical records, renders illusory all previous declarations of readiness; andThat the accusatory instrument was not converted to an information until the People filed and served a valid certificate of translation attesting that the document was translated to the complainant.The People, by written response, oppose the defendant’s motion.This Court first addresses the defendant’s two legal arguments, followed by an analysis of the “30.30 clock” in light of these legal determinations.Part I

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