People v. Minor

• Decision Date: 03 February 1989
• Citation: 144 Misc.2d 846,549 N.Y.S.2d 897
• Parties: The PEOPLE of the State of New York, Appellant, v. James MINOR, Respondent.
• Court: New York Supreme Court

Page 897

549 N.Y.S.2d 897

144 Misc.2d 846

The PEOPLE of the State of New York, Appellant, v. James MINOR, Respondent.

Supreme Court, Appellate Term Second and Eleventh Judicial Districts.

Feb. 3, 1989.

Elizabeth Holtzman, Dist. Atty. (Barbara D. Underwood, Leonard Joblove and Thomas E. Greiff, Brooklyn of counsel), for appellant.

Philip L. Weinstein, New York City, and Maurice Emsellem for respondent.

Before EDWIN KASSOFF, P.J., and VINCENT PIZZUTO and FRED T. SANTUCCI, JJ.

EDWIN KASSOFF, Presiding Justice.

Defendant was originally charged in a felony complaint with 7 counts of grand larceny in the 3rd degree; 6 counts of criminal possession of stolen property in the 2nd degree; forgery in the 2nd degree; 6 counts of criminal possession of a forged instrument in the 3rd degree and criminal impersonation in the 2nd degree. Defendant was arraigned on November 9, 1986. On December 9, 1986, there was an attempted reduction of the felony counts pursuant to CPL 180.50. The only notation in the record was in the court docket to the effect that "Reduced 155.25, 165.40, 170.10 (6 counts), 190.25". Thereafter, there were a number of adjournments for the People to file the necessary supporting depositions. On February 10, 1987 and March 6 1987 the People filed 4 supporting depositions. On March 6, the prosecution also filed a statement of readiness. On March 26, 1987, defendant moved to dismiss the accusatory instrument pursuant to CPL 30.30 arguing that the People's failure to timely convert all of the counts of the accusatory instrument precluded them from filing a statement of readiness. Defendant premised the speedy trial claim upon the assumption that March 9, 1987, a date 90 days after the reduction of the felony complaint, was the statutory speedy trial deadline. In granting the motion, the court below found that a 15 count misdemeanor complaint had been filed on December 9, 1986 and that 9 of the counts had been corroborated within the 90 days required by CPL 30.30(1)(b). The court below concluded that the prosecution could not declare its readiness for trial on a partially converted accusatory instrument.

A felony complaint may only be converted to a misdemeanor accusatory instrument pursuant to CPL 180.50. Insofar as is relevant herein, a felony complaint may be reduced to a misdemeanor instrument by making notations either upon or attached to the felony complaint which make the necessary and appropriate changes in the title of the instrument and in the names of the offenses charged (CPL 180.50(3), (a)(iii), (b)). A notation in the court docket is without effect. An attempted reduction of a felony complaint, even though acquiesced to by defendant, not done pursuant to the requirements of CPL 180.50 is invalid and of no legal effect and the felony complaint remains pending (People ex rel. Leventhal v. Warden, 102 A.D.2d 317, 477 N.Y.S.2d 332; People v. Stoneburner, 129 Misc.2d 722, 493 N.Y.S.2d 921; People v. Young, 123 Misc.2d 486, 473 N.Y.S.2d 715; see, People v. Harper, 37 N.Y.2d 96, 99, 371 N.Y.S.2d 467, 332 N.E.2d 336). It follows that the prosecution's statutory speedy trial date was May 9, 1987, six months from the commencement of the...