People v. Gillson

• Decision Date: 30 September 2020
• Docket Number: CR-042632-19KN
• Citation: 69 Misc.3d 1203 (A),131 N.Y.S.3d 532 (Table)
• Parties: The PEOPLE of the State of New York, Plaintiff, v. Ryan GILLSON, Defendant.
• Court: New York Criminal Court

69 Misc.3d 1203 (A)
131 N.Y.S.3d 532 (Table)

The PEOPLE of the State of New York, Plaintiff,
v.
Ryan GILLSON, Defendant.

CR-042632-19KN

Criminal Court, City of New York.

Decided on September 30, 2020

Gina Levy Abadi, J.

Defendant is charged with Assault in the Third Degree, Penal Law § 120.00(2), Leaving the Scene of an Incident without Reporting, VTL § 600(2)(a), Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, VTL § 511(1)(a), Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, VTL § 511(2)(a)(iv), and Unlicensed Operator, VTL § 509(1). Defendant moves, by notice of motion, for an order pursuant to CPL §§ 30.30, 170.30 and 170.35 to dismiss the accusatory instrument, or in the alternative, a hearing on these issues and for such other and further relief as this Court may deem just and proper. The People oppose this application.

Pursuant to CPL § 30.30(1), the applicable speedy trial time is determined based on the highest charge in the accusatory instrument." People v. Brito , 61 Misc 3d 1208 (Crim Ct, Kings County 2018). Where the highest charge against a defendant is a class A misdemeanor, as here, the People are required to state their readiness for trial within 90 days of commencing the criminal action. CPL § 30.30(1)(b). Defendant has the initial burden of demonstrating a delay of more than 90 days. See People v. Santos, 68 NY2d 859 (1986). Once defendant has made that showing, the burden shifts to the People to demonstrate that certain periods within that time should be excluded. Id.

Prior to January 1, 2020, to be ready for trial pursuant CPL § 30.30, the People had to satisfy two requirements. First, they had to communicate their readiness on the trial court's record. This could be done either by stating that they were ready for trial in open court on a record transcribed by a stenographer or by a statement of readiness (hereinafter "SOR") filed with the Court and served upon defense counsel. See People v Kendzia , 64 NY2d 331 (1985). Second, the People had to in fact be ready to proceed. "The statute contemplates an indication of present readiness, not a prediction or expectation of future readiness." Id. at 337.

On January 1, 2020, new legislation took effect imposing additional discovery requirements on the People before they could be deemed ready for trial pursuant to CPL § 30.30. In addition to the previous two requirements, the People must certify their good faith compliance with the discovery obligations of the newly enacted CPL § 245 by filing a certificate of compliance (hereinafter COC). See CPL § 30.30(5) ; CPL § 245.50. The January 1, 2020 legislation specified that the People's COC must be served within 15 calendar days after the defendant's arraignment with a possible 30-day extension. See CPL § 245.10(1). On May 3, 2020 legislative amendments to CPL § 245 took effect which extended the timeline...