Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05191
The 90-day custody clock under CPL 30.30 (2) (a) counts only days actually in custody
People ex rel. Liles v Richards
Read the official decision: 2026 NY Slip Op 05191
Holding The court held that the 90-day readiness clock under CPL 30.30(2)(a) only includes the actual periods of time a defendant spends in custody, excluding any time spent out on bail. Consequently, the defendant was not entitled to release because the total time chargeable to the People was less than 90 days.
Why it matters
The decision resolves an issue of first impression for the Second Department regarding the calculation of time under CPL 30.30(2)(a) when a defendant is released and then recommitted to custody.
The court’s words
we hold that the calculable time within which the People must be ready for trial under CPL 30.30(2)(a) is only the actual period or periods of time that the defendant spent incarcerated
2026 NY Slip Op 05191, at the official text
the plain language of the statute contemplates that it applies only in circumstances where a defendant is in custody
2026 NY Slip Op 05191, at the official text
the 90-day clock began to run on the first day of the defendant's incarceration on the charges at issue and, thereafter, only continued during the time in which he was in the custody of the sheriff
2026 NY Slip Op 05191, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05191 |
| Area of law | Criminal Procedure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05191 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 376 |
Trackers on this question
Same court and area in the last 180 days
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The court sustained the writ of habeas corpus, directing the immediate release of the petitioner upon the posting of bail in the sum of $500,000, $750,000, or $250,000. The release is conditioned on the petitioner wearing an electronic monitoring bracelet, remaining confined to his residence except for specific visits, and surrendering all passports.
- People v Zaman2026 NY Slip Op 05199
The court affirmed the judgment, finding the guilty plea was valid and the sentence not excessive, but determined that the defendant’s appeal waiver was ineffective because the trial court mischaracterized the right to appeal. Consequently, the appellate court reviewed the excessive sentence claim on the merits despite the purported waiver.
- People v Merino2026 NY Slip Op 05196
CPL 420.45 applies to instruments containing false statements or information, not just forged signatures, allowing a court to declare a deed void ab initio following a conviction for offering a false instrument for filing. The statutory presumption that the instrument is void ab initio was not rebutted by the appellant’s evidence regarding the familial relationship or notarization.
Recommended citation
ESQ HQ, New York Law Watch, People ex rel. Liles v Richards, 2026 NY Slip Op 05191 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05191/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch worksFeatured by Eric McAvey, November 14, 2026.