Ira Halfond, Forest Hills, for defendant.
Richard A. Brown, District Attorney of Queens County, Kew Gardens (Elanora Rivkin of counsel), for plaintiff.
Augustus C. Agate, J.
The defendant is charged with Penal Law § 120.00 (1) assault in the third degree, Penal Law § 265.01 (2) criminal possession of a weapon in the fourth degree, and Penal Law § 240.26 (1)
harassment in the second degree. The defendant now moves to dismiss the accusatory instrument, pursuant to CPL 30.30 (1) (b) and 170.30 (1) (e), on the ground that the defendant has been denied his right to a speedy trial. The applicable time period within which the People must be ready for trial where the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony, is 90 days from the time of commencement of the criminal action.
In determining whether the People have met their statutory burden in this case, this court has examined the defendant's motion, the People's response and applicable case law. The court finds as follows:
On July 29, 2001, the criminal court complaint was filed, and the case was adjourned until August 15, 2001.
On August 15, 2001 the People did not file a supporting deposition, and the case was adjourned to September 20, 2001.
On September 20, 2001, once again the People did not file a supporting deposition, and the case was adjourned to October 31, 2001.
On October 3, 2001 the People filed a supporting deposition and filed a certificate of readiness off calendar. The People sent the defense counsel's copy to the Legal Aid Society.
On October 31, 2001, the defense requested an adjournment for motion practice to November 11. The period of time, which is at issue in this case, is the period of time from October 3, 2001, when the certificate of readiness, and supporting deposition was filed until October 31, 2001, the next scheduled court date.
The People concede in their papers that the certificate of readiness should have been delivered to Ira Halfond, Esq., who took over representation as defense counsel for the defendant. He actually appeared for the defendant, on the record, in the presence of an assistant district attorney, on August 15, 2001. The court is in possession of the minutes of that notice of appearance. The ...