![]() Defendant challenged the People's readiness arguing that the SOR was invalid. The court deemed the misdemeanor charges to be converted. On that date, the felony charges were dismissed from the accusatory instrument, the above-mentioned misdemeanor counts were added, and the case was reduced. The parties appeared on the next adjourn date of February 1, 2023. Additionally, the People did not file a new misdemeanor complaint to achieve this purpose. Notably, the People did not request a motion schedule or seek an advancement to dismiss the felony counts prior to the 30.30 date. If granted, the top charge in the accusatory instrument would have been a Class A misdemeanor. The motion to reduce also requested that the court deem the accusatory instrument an information because the People submitted a domestic incident report (DIR). On January 6, 2023, the People filed several documents off-calendar, including: a domestic incident report a Certificate of Compliance (hereinafter "COC") a Statement of Readiness (hereinafter "SOR") and a motion to reduce, add, dismiss and convert (requesting dismissal of the felony counts of strangulation in the second degree (Penal Law § 121.22), aggravated criminal contempt (Penal Law § 215.52), criminal contempt in the first degree (Penal Law § 215.51), and assault in the third degree (Penal Law § 120.00), and requesting to add one count of criminal contempt in the second degree (Penal Law § 215.50), criminal obstruction of breathing (Penal Law § 121.11), and attempted assault in the third degree (Penal Law § 110/120.00)). The court adjourned the case to July 27, 2022, October 14, 2022, December 8, 2022, and February 1, 2023, for grand jury action. In the instant matter, the defendant was arraigned on a felony complaint on July 10, 2022, and was charged with strangulation in the second degree (Penal Law § 121.22), aggravated criminal contempt (Penal Law § 215.52), criminal contempt in the first degree (Penal Law § 215.51), assault in the third degree (Penal Law § 120.00), and harassment in the second degree (Penal Law § 240.26). The People must be ready for trial within six months of the commencement of a criminal action when the defendant is accused of one or more offenses, at least one of which is a felony. Specifically, Defendant argues that the Statement of Readiness is illusory because the felony complaint reduction was improper and ineffective pursuant to CPL 1.20 and 180.50.īy an affirmation in opposition submitted by the prosecutor, the People oppose Defendant's motion and maintain that the Statement of Readiness dated January 6, 2023, is valid. Additionally, the defendant moves to dismiss the accusatory instrument pursuant to CPL 30.30 on the ground that his speedy trial rights have been violated. of counsel) for the Peopleīy notice of motion submitted by defense counsel, the defendant moves for this court to deem the reduction of the felony complaint invalid pursuant to CPL 180.50. ![]() Melinda Katz, District Attorney (Aliya Polner, Esq. Queens Defenders (Isabel Mcquarrie, Esq.) for the Defendant This opinion is uncorrected and will not be published in the printed Official Reports.Ĭriminal Court of the City of New York, Queens County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]() ![]() Criminal Court Of The City Of New York, Queens County
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