The following papers were read on this motion: Notice of Motion to Dismiss 1-2, 3-4 Affirmation in Opposition 5, 6-26 DECISION AND ORDER In this criminal prosecution, by misdemeanor information, Alonzo Williams (hereinafter “defendant”) is charged with Forcible Touching (PL §130.52[1]) and Sexual Abuse in the Third Degree (PL §130.55), two A misdemeanors. The defendant was arraigned on June 22, 2020, during the COVID-19 pandemic, when executive orders were in effect and tolled the CPL §30.30 speedy trial time limitations until October 4, 2020. By motion filed on March 3, 2021, the defendant moved to dismiss the charges pursuant to CPL §30.30. On April 30, 2021, the People filed opposition papers. No reply to the People’s opposition was made by the defendant. After careful consideration of the papers submitted herein and relevant legal authority, the defendant’s motion to dismiss is DENIED in its entirety for the reasons stated below. MOTION TO DISMISS CPL §30.30 In a criminal action where a defendant is charged with a class A misdemeanor, the People are required to be ready for trial within 90 days, minus any excludable time (CPL §30.30[1][b]). The 90-day period commences with the filing of the accusatory instrument (see CPL §1.20[17]; People v. Stirrup, 91 NY2d 434, 438 [1998]). Before answering ready for trial, the People must have “done all that is required of them to bring the case to a point where it may be tried” (People v. England, 84 NY2d 1, 4 [1994]). The defendant argues that the People violated CPL §30.30 by failing to declare readiness within the 90-day statutory period and the underlying A misdemeanor charges must be dismissed. Specifically, the defendant contends that the following periods are chargeable to the People: October 5, 2020 — November 12, 2020 (39 days) January 5, 2021 — February 1, 2021 (27 days) February 1, 2021 — February 24, 2021 (23 days) February 24, 2021 — February 26, 2021 (2 days) The People oppose the instant motion asserting that it made several requests for continuances which total only 44 days chargeable to the People through to February 26, 2021, when they announced readiness. The People argue that the 39 days from October 5 to November 12, 2020,1 are excluded because the defendant expressly requested the Court to set a motion schedule. The People also argue that the 27 days from January 5 to February 1, 2021, are excluded due to the defendant’s request for an all-purpose adjournment. EXCLUDABLE TIME “In determining a motion to dismiss on speedy trial grounds, a reasonable period of delay resulting from the consideration of the defendant’s pretrial motions is excluded from the computations (CPL 30.30[4][a]). The statute does not differentiate between successful and unsuccessful pretrial motions” People v. Littlejohn, 184 AD2d 790 (2d Dept 1992). Moreover, “the defendant may not request an adjournment and at the same time disclaim any waiver of delay” (People v. D’Aquino, 163 Misc2d 788, 791 [Yonkers City Ct 1995], citing People v. Worley, 66 NY2d 523 [1985]). CASE TIMELINE The relevant time chronology regarding the time chargeable to the People in this case is set forth below: June 22, 2020 — August 3, 2020 On June 22, 2020, the defendant was arraigned on the underlying charges and entered pleas of not guilty. The matter was adjourned for an all-purposes appearance at the defendant’s request to August 3, 2020. (People’s exhibit K, transcript of June 22, 2020, court proceeding at 13 [lines 3-17]). The defendant denies that the adjournment was at his request. (Wotorson affirmation in support 9). As the executive orders were in effect and tolled the CPL §30.30 speedy trial time limitations during this period, this time is excluded. Time chargeable to the People: 0 days August 3, 2020 — September 28, 2020 On August 3, 2020, the matter was adjourned for an all-purposes appearance, at the defendant’s request to September 28, 2020. (People’s exhibit H, transcript of August 3, 2020, court proceeding at 2-4). The defendant denies that the adjournment was at his request. (Wotorson affirmation in support 10). As the executive orders were in effect and tolled the CPL §30.30 speedy trial time limitations during this period, this time is excluded. Time chargeable to the People: 0 days September 28, 2020 — November 12, 2020 On September 28, 2020, the defendant requested a motion schedule to submit his initial motion on November 12, 2020. (People’s exhibit K, transcript of September 28, 2020, court proceeding at 2 [lines 3-9], 3 [lines 18-19]). The defendant denies that the adjournment was at his request. (Wotorson affirmation in support 11). As the executive orders were in effect and tolled the CPL §30.30 speedy trial time limitations through October 4, 2020, the time through October 4, 2020, is excluded. Time chargeable to the People — 0 days November 12, 2020 — December 10, 2020 On November 12, 2020, the defendant submitted a letter to the Court requesting a three week adjournment to December 10, 2020. (People’s exhibit M, Wotorson letter dated November 12, 2020). Time chargeable to the People — 0 days December 10, 2020 — December 17, 2020 On December 10, 2020, the defendant failed to submit his initial motion and the matter was adjourned for all purposes at the defendant’s request to December 17, 2020. (People’s exhibit N, transcript of September 28, 2020, court proceeding at 2). The defendant denies that the adjournment was at his request. (Wotorson affirmation in support 15). Time chargeable to the People — 0 days December 17, 2020 — January 5, 2021 On December 17, 2020, the People took an all-purpose adjournment to January 5, 2021. Time chargeable to People — 19 days January 5, 2021 — February 1, 2021 On January 5, 2021, the defendant took an all-purpose adjournment to February 1, 2021. (People’s exhibit Q, transcript of January 5, 2021, court proceeding at 4 (lines 2-4), 7 (lines 8-14). The defendant denies that the adjournment was at his request. (Wotorson affirmation in support 17). Time chargeable to the People — 0 days (19 total days) February 1, 2021 — February 24, 2021 On February 1, 2021, the People took an all-purpose adjournment to February 24, 2021. Time chargeable to the People — 23 days (42 total days) February 24, 2021 — February 26, 2021 On February 24, 2021, the People took an all-purpose adjournment to February 26, 2021. Time chargeable to the People — 2 days (44 total days) On February 26, 2021, the People served and filed a certificate of compliance, a discovery disclosure index, a discovery addendum, and a reciprocal discovery request, and duly announced readiness for trial. CONCLUSION Based upon the foregoing, the Court finds that the People declared readiness within 44 chargeable days against the People since the defendant’s arraignment. Accordingly, the Court denies the defendant’s motion in its entirety pursuant to CPL §30.30. The foregoing constitutes the Decision and Order of this Court. Dated: July 23, 2021
