People v Thomas (Audrey)

[*1] People v Thomas (Audrey) 2004 NY Slip Op 51675(U) Decided on December 21, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: December 21, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2003-1791 Q CR

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

against

AUDREY THOMAS, Respondent.

Appeal by the People from an order of the Criminal Court, Queens County (S. Knopf, J.), dated October 3, 2003, which granted defendant's CPL 30.30 motion to dismiss the accusatory instrument.

Order unanimously affirmed.

Defendant was charged in an information with a class A misdemeanor and a violation. Thus, the People were required to be ready for trial within 90 days of commencement of the action (CPL 30.30 [1] [b]). The action was commenced on April 1, 2002, the date of the filing of the accusatory instrument (CPL 1.20 [16], [17]). The record herein indicates that the People initially announced their readiness on April 1, 2002, that they remained ready for trial on the adjourned dates of May 23, 2002, June 20, 2002, July 10, 2002, August 5, 2002, September 19, 2002, September 27, 2002, October 9, 2002, October 25, 2002, December 6, 2002, January 10, 2003, February 6, 2003 and March 3, 2003. On March 20, 2003, the People were not ready for trial. On April 2, 2003 defendant requested an adjournment. On May 6, 2003, the People were not ready for trial and the matter was adjourned to August 4, 2003. On May 7, 2003, the People filed a statement of readiness and a notice to advance the matter to May 21, 2003. The matter next appeared on the calendar on August 4, 2003 at which time the People were not ready. The court adjourned the matter pending a CPL 30.30 motion by defendant to dismiss for lack of a speedy trial. Upon a review of the record, we agree with the lower court's determination that the May 7, 2003 statement of readiness was illusory. Accordingly, the People [*2]were properly charged with the adjournment between March 20, 2003 and April 2, 2003 and the adjournment between May 6, 2003 and August 4, 2003.
Decision Date: December 21, 2004