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People v. Aquino

Other Lower Courts

September 28, 2001

The People of the State of New York, Plaintiff,
v.
Pedro Aquino, Defendant.

COUNSEL

Legal Aid Society (Curtis Moner of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County (Michael Flowers of counsel), for plaintiff.

OPINION

Matthew F. Cooper, J.

The defendant is charged with the crime of assault in the third degree, in violation of Penal Law § 120.00 (1) and (2). The defendant moves for his release from custody on the

Page 573

grounds that he has been denied his right to a speedy trial pursuant to Criminal Procedure Law § 30.30 (2) (b).

Background

The defendant was arrested and placed in the custody of the New York City Police Department on August 13, 2001. On August 14, 2001, the defendant was arraigned on a felony complaint and bail was set in the amount of $2,500 cash or bond. On August 17, 2001, the felony complaint was converted to an information charging the defendant with the class A misdemeanor of assault in the third degree and bail was reduced to $1,500 cash or bond.

When a felony complaint is converted to an information, " the period applicable for the purposes of subdivision two [of Criminal Procedure Law § 30.30] must be the period applicable to the charges in the new accusatory instrument, calculated from the date of the filing of such new accusatory instrument." (CPL 30.30 [5] [d].) Where a defendant is charged with a class A misdemeanor, the defendant is entitled to release from custody if the People are not ready for trial within " thirty days from the commencement of his commitment to the custody of the sheriff." (CPL 30.30 [2] [b].) Thus, in this case, the People must be ready for trial within 30 days calculated from August 17, 2001, the date on which the new accusatory instrument was filed.

Determination as to Chargeable Time

Neither the defendant nor the People in their respective papers set forth with any specificity those periods which should or should not be chargeable. The court has reviewed the official court file, the stenographic minutes of the calendar calls of the case on September 19, 2001, as well as the submissions of the parties. Based on that review, the court finds as follows:

August 17, 2001 to September 5, 2001

On August 17, 2001, the charges were reduced and the felony complaint was converted to a misdemeanor information. The defendant waived motions and the case was adjourned for trial. As the People did not declare their readiness for trial during this ...


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