People v. Powell

• Decision Date: 16 March 1999
• Citation: People v. Powell, 690 N.Y.S.2d 826, 179 Misc.2d 1047 (N.Y. App. Term 1999)
• Parties: , 1999 N.Y. Slip Op. 99,208 The PEOPLE of the State of New York, Appellant, v. Devin POWELL, Respondent. . Second Department
• Court: New York Supreme Court — Appellate Term

Page 826

690 N.Y.S.2d 826

179 Misc.2d 1047, 1999 N.Y. Slip Op. 99,208

The PEOPLE of the State of New York, Appellant, v. Devin POWELL, Respondent.

Supreme Court, Appellate Term, New York.

Second Department.

March 16, 1999.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Leonard Joblove of counsel), for appellant.

Legal Aid Society, New York City (M. Sue Wycoff, Daniel L. Greenberg and Sara Bennett of counsel), for respondent.

PRESENT: KASSOFF, P.J., CHETTA and PATTERSON, JJ.

MEMORANDUM.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to the court below for all further proceedings.

The People in the case at bar announced their readiness on the 91st day after commencement of the action as the 90th day fell on a Sunday (see, CPL 30.30[b]; 1.20 ). The court, in dismissing the accusatory instrument, held that the provisions of General Construction Law § 25-a(1) are not applicable to CPL 30.30. Section 25-a(1) of the General Construction Law provides that it is applicable when any period of time ends on a Saturday, Sunday or holiday. The General Construction Law should be read into every statute subsequently enacted, unless the wording of said statute plainly expresses a contrary intent (see, 97 N.Y.Jur.2d, Statutes § 99). Since CPL 30.30 does not express a contrary intent, the provisions of said section of the General Construction Law are applicable and the People's time to announce their readiness was extended to the next...