DECISION AND ORDER The defendant, Geovanni Rodas Argueta, stands charged with various counts of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs (VTL §§1192[1] & 1192[3]). On September 13, 2023, the defendant filed a motion to dismiss the accusatory instrument pursuant to CPL §30.30. The People oppose the motion in all respects. For the reasons set forth below, the motion is denied. The defendant is alleged to have operated a motor vehicle on May 6, 2023, at 5:45 a.m. when he was involved in a vehicular collision with a utility pole. At that time, the defendant was observed to have bloodshot watery eyes, slurred speech, an odor of alcohol on his breath, and an unsteady gait. The defendant refused to submit to a chemical breath test at the time of his arrest. The defendant was arraigned on May 11, 2023, on the charges of VTL §§1192(1) & 1192(3). On August 2, 2023, the People filed a Certificate of Compliance (COC) and a Statement of Readiness (SOR). On September 11, 2023, the People filed a supplemental certificate of compliance (SCOC), which contained a disclosure from the Office of the Chief Medical Examiner (OCME). CERTIFICATE OF COMPLIANCE The defendant asserts that the supplemental COC was not valid because the blood results were not disclosed. The defendant also argues that the People should be charged for the period between their receipt of the blood results on August 23, 2023, and their subsequent disclosure with the OCME litigation package on September 11, 2023. In opposition, the People maintain that their COC was valid because it was filed in good faith. They assert that they exercised due diligence in gathering and disclosing all discoverable material pursuant to CPL §245.20(1) and disclosed the blood results and OCME litigation package in a timely manner. The People’s automatic disclosure obligations include the results of scientific tests related to the criminal action that was made at their direction or made by persons the People intend to call as witnesses (CPL §245.20[1][j]). However, they are not under an obligation to disclose until the testing is complete (id.). A plain reading of the statute shows that the People are not required to delay the filing of their COC until the results of the test are available, but rather, may file a COC and subsequently disclose the results of the scientific test along with a supplemental certificate of compliance. In the instant case, the People received the blood test results on August 23, 2023, and the OCME litigation packet on September 11, 2023. Thereafter, the People served and filed a supplemental COC containing the blood test results and OCME litigation packet on September 11, 2023. The OCME results are delivered in two parts, the blood test results and the litigation packet. The People disclosed the OCME report on the same day that they received the litigation packet. Under these circumstances, the court is satisfied that the People have acted diligently in obtaining the blood test results and the OCME litigation packet, and they disclosed it in a reasonable time. The COC filed on August 2, 2023, is valid. SPEEDY TRIAL The charges in the instant accusatory instrument require the People to be ready within ninety days of arraignment (CPL §30.30[1][b]). The defendant was arraigned on May 11, 2023. The COC and SOR were filed on August 2, 2023. The SCOC was filed on September 11, 2023. The instant motion to dismiss was filed on September 14, 2023. 1. May 11, 2023, to July 13, 2023: 63 Days Charged. The defendant was arraigned on May 11, 2023, and the matter was adjourned to July 13, 2023. This entire pre-readiness period is includable. The People are charged 63 days for this period. 2. July 13, 2023, to August 14, 2023: 20 Days Charged. On July 13, 2023, the People were not ready, and the matter was adjourned to August 14, 2023. The People served and filed a valid COC and SOR off calendar on August 2, 2023. The People are charged 20 days for the pre-readiness period of July 13, 2023, to August 2, 2023. The People are charged 0 days for the post-readiness period of August 2, 2023, to August 14, 2023. 3. August 14, 2023, to October 19, 2023: 0 Days Charged. After the People filed their COC and SOR, they received the blood results from the OCME report on August 23, 2023, and the litigation package from OCME on September 11, 2023. Once the People received the completed litigation package on September 11, 2023, they disclosed the OCME materials immediately. The defendant now argues that the People should be charged for the period of delay between the receipt of the blood results and the disclosure of the OCME records. The OCME is not under the People’s control (People v. Washington, 86 NY2d 189 [1995]). Although the People disclosed the complete OCME report immediately upon receiving it, the defendant could have obtained a subpoena for the disclosure of the OCME reports and failed do so (CPL §245.20[1][j]). Any purported delay in receiving results between August 23, 2023, and September 11, 2023, is the result of his own inaction. The period from August 14, 2023, to September 14, 2023, is post-readiness and not includable. The People are charged 0 days for this period. The period from September 14, 2023, to October 19, 2023, is excludable for consideration of the defendant’s motion (CPLR §30.30[4][a]). The People are charged 0 days for this period. The People are charged a total of eighty-three days. The defendant’s motion is denied. This constitutes the Decision and Order of the Court. Dated: October 12, 2023
