By: Toussaint, P.J., Mundy, Ottley, JJ. Queens County District Attorney (Johnnette Traill, John M. Castellano and Sharon Y. Brodt of counsel), for appellant. New York City Legal Aid Society (Hilary Dowling of counsel), for respondent.
2021-351 Q CR. PEOPLE v. MENDOZA, FRANCHELIS — Appeal from an order of the Criminal Court of the City of New York, Queens County (Mary L. Bejarano, J.), dated May 11, 2021. The order granted defendant’s motion to dismiss the accusatory instrument. ORDERED that the order is affirmed. Insofar as is relevant to this appeal, on February 5, 2019, defendant was charged in an accusatory instrument with assault in the third degree (Penal Law §120.00 [1]) and harassment in the second degree (Penal Law §240.26 [1]); defendant was arraigned thereon; and the People announced ready for trial. On December 17, 2019, the People requested a one-day adjournment to December 18th and the court adjourned the matter to January 29, 2020. On January 29th, the court adjourned the matter to March 17, 2020 for the People to file a certificate of compliance (CoC) (see CPL 245.50 [1]). On February 3, 2020, the People filed off-calendar a CoC and a statement of readiness (SoR) that did not include a CPL 30.30 (5-a) certification of the facial sufficiency of the accusatory instrument. Due to the COVID-19 pandemic, the matter was not called on March 17, 2020 and was administratively adjourned to December 15, 2020. In the interim, statutory speedy trial time was tolled from March 20 until October 4, 2020 pursuant to executive orders from the Governor’s office in response to the pandemic (see Executive Order [A. Cuomo] No. 202.8 [9 NYCRR 8.202.8]; Executive Order [A. Cuomo] No. 202.67 [9 NYCRR 8.202.67]).