161 A.D.2d 391, People v. Correa

Citation:161 A.D.2d 391, 555 N.Y.S.2d 715
Party Name:People v. Correa
Case Date:May 15, 1990
Court:New York Supreme Court Appelate Division, First Department
 
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Page 391

161 A.D.2d 391

555 N.Y.S.2d 715

The PEOPLE of the State of New York, Appellant,

v.

Gregory CORREA, Defendant-Respondent.

Supreme Court of New York, First Department

May 15, 1990.

[555 N.Y.S.2d 716] D. Roney, for appellant.

P. Peters, for defendant-respondent.

Before KUPFERMAN, J.P., and SULLIVAN, MILONAS, ASCH and SMITH, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Dorothy Cropper, J.), entered July 9, 1987, which granted defendant's motion to dismiss the indictment charging him with grand larceny in the second degree, criminal possession of stolen property in the first degree and unauthorized use of a vehicle in the third degree, on the ground of the denial of his right to a speedy trial, is affirmed.

The trial court was correct when it determined that the prosecution was not ready to proceed to trial within six months of the date that it commenced action against the defendant.

The statutory six-month period (184 days) is measured from August 13, 1986, the day on which defendant was arraigned on the original felony complaint (People v. Lomax, 50 N.Y.2d 351, 428 N.Y.S.2d 937, 406 N.E.2d 793).

The period of August 13, 1986 (the date of arraignment on the felony complaint) until September 9, 1986 (the date of arraignment on the first indictment), for a total of 27 days, is chargeable to the People. The People concede the first 2 days are chargeable to them and, as to the remaining 25, they assert in their reply brief that they "no longer argue that this time should have been excluded".

On September 9, 1986 (date of arraignment on the indictment), the matter was adjourned to September 26, 1986. The record does not support the People's position that it was adjourned for plea negotiations (see, People v. Berkowitz, 50 N.Y.2d 333, 428 N.Y.S.2d 927, 406 N.E.2d 783).

On November 21, 1986, the matter was adjourned until November 24, 1986, to discuss the People's position of bringing a superseding indictment. This period of 3 days is not chargeable to the People (CPL 30.30[4][a].

On December 5, 1986, a superseding indictment was filed and defendant was arraigned on that indictment on December 15, 1986. This period of 10 days is also chargeable to the People.

On February 2, 1987, the People requested an adjournment and the case was put over until February 19, 1987. The fact that defense counsel filed...

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