People v. Meierdiercks
| Decision Date | 03 June 1985 |
| Citation | 111 A.D.2d 769,490 N.Y.S.2d 28 |
| Parties | The PEOPLE, etc., Appellant, v. Karen MEIERDIERCKS, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Carl A. Vergari, Dist. Atty., White Plains (Richard E. Weill and Gerald D. Reilly, of counsel), for appellant.
Aronwald & Pykett, White Plains (William I. Aronwald, White Plains, of counsel), for respondent.
Before BROWN, J.P., and NIEHOFF, RUBIN and EIBER, JJ.
MEMORANDUM BY THE COURT.
Appeals by the People (1) from an order of the County Court, Westchester County, entered November 28, 1983, which dismissed the defendant's indictment on the ground that she was denied her statutory right to a speedy trial pursuant to CPL 30.30, and (2) as limited by its brief, from so much of an order of the same court, entered February 9, 1984, as, upon reargument, adhered to its original determination.
Appeal from the order entered November 28, 1983, dismissed. That order was superseded by the order entered upon reargument.
Order entered February 9, 1984, affirmed insofar as appealed from.
A felony complaint was filed on October 27, 1982 with the Village Court of the Village of North Tarrytown charging defendant with the crime of grand larceny in the second degree. Specifically, defendant was charged with the theft of an insurance company check in the sum of $6,829.06 made out to herself and three others in settlement of a claim under defendant's homeowner's insurance policy.
Defendant was taken into custody on January 19, 1983, and appeared for arraignment on the following day. The arraignment, however, was adjourned until February 3, 1983 and defendant was released on her own recognizance. On February 3, 1983, defendant finally was arraigned on the felony complaint and the matter was adjourned to March 3, 1983 for purposes of conducting a felony hearing. On March 3, the matter was adjourned further until August 25, 1983.
On August 18, 1983, one week prior to the adjourned date for the felony hearing, the People presented the case to the Grand Jury, and an indictment was filed on September 1, 1983. The felony hearing was, of course, not held. Defendant was thereafter arraigned on the indictment on September 14, 1983, at which time, following her plea of not guilty, the People announced their readiness for trial. By notice of motion returnable November 14, 1983, defendant moved, inter alia, for an order dismissing the indictment pursuant to CPL 30.30(1)(a) on the ground that the People failed to announce their readiness for trial within six months of the filing of the felony complaint.
By order entered November 28, 1983, the County Court granted defendant's motion and dismissed the indictment. By a subsequent order entered February 9, 1984, upon reargument, the court adhered to its original determination. We conclude that the County Court was correct.
It is well established that where a defendant is accused of one or more offenses, at least one of which is a felony, a motion to dismiss the indictment must be granted where the People are not ready for trial within six months of the commencement of the criminal action (CPL 30.30[1][a]; 210.20[1][a] ). In the instant case, the criminal action was commenced on October 27, 1982, when the felony complaint was filed (People v. Osgood, ...
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