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People v. Aquino

Criminal Court of the City of New York, New York County

September 28, 2001, Decided

Docket No. 2001NY069044


 [*572]  [**372]   Matthew F. Cooper, J.

The defendant is charged with the crime of assault in the third degree, in violation of Penal Law § 120.00 (1) and (2). The defendant moves for his release from custody on the  [*573]  grounds that he has been denied his right to a speedy trial pursuant to Criminal Procedure Law § 30.30 (2) (b).


The defendant was arrested and placed in the custody of the New York City Police Department on August 13, 2001. On August 14, 2001, the defendant was arraigned on a felony complaint and bail was set in the amount of $ 2,500 cash or bond. On August 17, 2001, the felony complaint was converted to an information charging the defendant with the class A misdemeanor of assault in the third degree and bail was reduced to $ 1,500 cash or bond.

 [***2]  When a felony complaint is converted to an information, "the period applicable for the purposes of subdivision two [of Criminal Procedure Law § 30.30] must be the period applicable to the charges in the new accusatory instrument, calculated from the date of the filing of such new accusatory instrument." ( CPL 30.30 [d].) ] Where a defendant is charged with a class A misdemeanor, the defendant is entitled to release from custody if the People are not ready for trial within "thirty days from the commencement of his commitment to the custody of the sheriff." ( CPL 30.30 [b].) Thus, in this case, the People must be ready for trial within 30 days calculated from August 17, 2001, the date on which the new accusatory instrument was filed.

Determination as to Chargeable Time 

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189 Misc. 2d 572 *; 734 N.Y.S.2d 371 **; 2001 N.Y. Misc. LEXIS 526 ***

The People of the State of New York, Plaintiff, v. Pedro Aquino, Defendant.

Disposition:  [***1]  Defendant's motion to release granted.


adjournment, Criminal Procedure Law, chargeable, courthouse, exceptional circumstances

Criminal Law & Procedure, Accusatory Instruments, Informations, General Overview, Preliminary Proceedings, Speedy Trial, Trials, Witnesses, Unavailability, Statutory Right, Excludable Time Periods