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People v. Narvas

Unavailability of People's Witnesses Charged Until Filing of Certificate of Readiness

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*1  On March 30, 2016, the defendant was charged with: VTL §1192(3) (Driving While Intoxicated); VTL §1192(2) (Driving While Intoxicated); and VTL §1192(1) (Driving While Ability Impaired). The defendant now moves to dismiss the accusatory instrument pursuant to CPL §30.30. CPL §30.30CPL §30.30 provides that where, as here, “a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony” the defendant’s motion to dismiss must be granted if the People are not ready for trial within ninety days of the commencement of the criminal action (CPL §30.30[1][b]). If the People are not ready for trial within the relevant statutory time period, the prosecution will be dismissed unless the People can demonstrate that specific adjournments should be excluded (People v. Brown, 28 NY3d 392, 403 [2016]).Defendant argues that 102 chargeable days have elapsed and that the accusatory instrument should therefore be dismissed. The People maintain that only 74 chargeable days have elapsed.The Court has reviewed the defendant’s motion to dismiss, the People’s opposition, and the Court’s case file and finds the following periods to be charged and excluded pursuant to CPL §30.30:ANALYSISMarch 18, 2017-May 1, 2017: 34 Days ChargedDefendant was arraigned on March 18, 2017, at which point this case was adjourned to May 1, 2017. The People filed a supporting deposition and Certificate of Readiness (“COR”) off-calendar on April 21, 2017. It is undisputed that the 34 days that elapsed before the supporting depositions and COR were filed is charged to the People.

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