111 A.D.2d 655, People v. Rhee

Citation:111 A.D.2d 655, 490 N.Y.S.2d 215
Party Name:People v. Rhee
Case Date:June 18, 1985
Court:New York Supreme Court Appelate Division, First Department
 
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Page 655

111 A.D.2d 655

490 N.Y.S.2d 215

The PEOPLE of the State of New York, Appellant,

v.

Ki RHEE, Defendant-Respondent.

Supreme Court of New York, First Department

June 18, 1985.

[490 N.Y.S.2d 216] S. Chananie, New York City, for appellant.

H.W. Turkel, New York City, for defendant-respondent.

Before MURPHY, P.J., and SULLIVAN, ROSS, LYNCH and KASSAL, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County, entered August 11, 1983, dismissing the indictment for the People's failure to comply with CPL 30.30, unanimously reversed, on the law, and the indictment reinstated.

On November 22, 1982, defendant and his co-defendant, Kim Hong, were arrested for a knifepoint assault of three men. Felony complaints against both defendants were filed the next day. The grand jury indicted defendant on May 19, 1983, charging him with two counts of assault in the second degree and criminal mischief in the fourth degree. At his arraignment on May 23, 1983--exactly six months from the date of the filing of the felony complaint--the People announced their readiness for trial. In dismissing the indictment the court, without further explanation, found that the People had violated CPL 30.30 by waiting six months and one day before announcing their readiness for trial. As defendant concedes, this was error since CPL 30.30[1](a) authorizes the dismissal of an indictment only when the People are not ready for trial within "six months after commencement of a criminal action." The time period is computed in terms of calandar months, which is not necessarily 180 days. (People v. Battles, 77 A.D.2d 405, 407, 433 N.Y.S.2d 936.) Moreover, a criminal proceeding is commenced, not with a...

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