Crimes — Right to Speedy Trial — Effect of Improper Transfer of
Felony Complaint to County Court
Felony charges against defendant were dismissed on speedy trial grounds,
notwithstanding defendant’s execution of a speedy trial waiver within the six-
month readiness period (CPL 30.30 [1] [a]), where the local criminal court
improperly transferred the pending felony complaint to County Court at the
request of the District Attorney and without defendant’s consent purportedly
in order to preserve defendant’s right to testify before the grand jury. No
indictment or superior court information was filed or grand jury proceeding
held before the case was returned to the local criminal court. County Court,
although a superior court (see CPL 10.10 [2] [b]), had no preliminary jurisdic-
tion to handle the felony complaint. Since the only accusatory instrument in
the case was a felony complaint, it had to remain in the local criminal court
until properly disposed of pursuant to CPL article 180. The improper transfer
of the case to a court that lacked either preliminary or trial jurisdiction viti-
ated defendant’s waiver of speedy trial rights for the 71-day period that the
case was not pending before any court possessing jurisdiction over the matter.
That period when added to the 157 days already chargeable to the People
exceeded the six-month period within which the People were required to be
ready for trial.
RESEARCH REFERENCES
By the Publisher’s Editorial Staff
AM JUR 2d, Criminal Law §§ 1025, 1035–1040, 1042, 1043.
CARMODY-WAIT 2d, Criminal Procedure §§ 172:52, 172:872,
172:2115, 172:2126, 172:2209.
LAFAVE, ET AL., CRIMINAL PROCEDURE (3d ed) § 18.3.
MCKINNEY’s, CPL 10.10 (2); 30.30 (1) (a).
NY JUR 2d, Criminal Law §§ 926, 927, 1717, 1718, 1728,
1756.
ANNOTATION REFERENCE