People v Levinshon

Holding The court held that People v. England does not apply to misdemeanor cases where the People convert a complaint to an information after hours on the final day of the speedy trial period. Because arraignment on a misdemeanor information lacks the jurisdictional significance and built-in statutory delay of felony indictment arraignment, the People’s statement of readiness was valid.

The court’s words

does People v. England, 84 NY2d 1 (1994), which invalidated a C.P.L. § 30.30 statement of trial readiness because timely arraignment on a last-minute indictment was legally impossible, apply in a misdemeanor case

90 Misc 3d 202, at the official text

the general readiness rule permits the People to both become ready for trial and declare ready at any time before the statutory speedy trial period expires

90 Misc 3d 202, at the official text

the specific impediment to readiness in England—a built-in, two-day statutory delay before the jurisdictional arraignment on an indictment—has no clear counterpart in a misdemeanor case

90 Misc 3d 202, at the official text

Electronic submission of a statement of readiness on or before the due date, regardless of time of day, satisfies the CPL 30.30 deadline

90 Misc 3d 202, at the official text

The statutory speedy trial framework requires the People to be ready to commence trial by a date certain, without regard to whether the court is able to commence trial

90 Misc 3d 202, at the official text

England had instead carved out a single exception where arraignment within the speedy trial period both impossible and attributable solely to the People

90 Misc 3d 202, at the official text

a statement of readiness made contemporaneously with the filing of the indictment can be effective to stop the speedy trial clock if the indictment is filed at least two days before the CPL 30.30 period ends

90 Misc 3d 202, at the official text

the New York City Criminal Court is not closed for business after 5:00p.m. Instead, in four of the five boroughs, night court continues until 1:00a.m. the following day

90 Misc 3d 202, at the official text