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People v. Brown

Charges Dismissed Where Over 90 Chargeable Days Elapsed Since Action Was Brought

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Decided: February 15, 2018DECISION AND ORDER

*1  The defendant, Anton Brown, is charged with Petit Larceny (PL §155.25) and Criminal Possession of Stolen Property in the Fifth Degree (PL §165.40). He now moves the Court for an order dismissing the charges on the ground that he has been denied his right to a speedy trial as guaranteed by CPL §30.30. Although the People stated they would be opposing the motion, they failed to respond to the motion. The defendant’s motion is granted. In a motion pursuant to the CPL §30.30, the defendant bears the burden of going forward with sworn allegations of fact to show that there has been an inexcusable delay beyond the time allowed by the statute, and then the People have the burden of justifying that delay (People v. Santos, 68 NY2d 859 [1986]). The time period within which the People must answer ready for trial is prescribed by CPL §30.30[1][b]. which provides that such period is to run from the commencement of the criminal action. This commencement refers to the filing of the first accusatory instrument (see CPL §1.20[17]; People v. Lomax, 50 NY2d 351 [1980]).Here the action commenced for speedy trial purposes on September 29, 2016, when the defendant was arraigned on the aforementioned charges. The charges faced by the defendant carry the potential of imprisonment of more than three months, therefore the People have 90 chargeable days within which to communicate their readiness for trial in satisfaction of their speedy trial obligation under CPL §30.30[1][b]. For purposes of calculating speedy trial time periods, the day of defendant’s arraignment, i.e., the day the accusatory instrument is filed, is excluded from the computations. (See, General Construction Law §20; People v. Stiles, 70 NY2d 765 [1987]).The Court will address each adjournment period.

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