Fourth Department – CPL Article 245: People v. King

New York State Supreme Court, Appellate Division, Fourth Judicial Department

CPL Article 245

Certificate of compliance – Reverted to state of unreadiness

People v. King

KA 20-00330

Appealed from Supreme Court, Onondaga County

Background: The defendant appealed from his conviction of assault, arising from a series of events during which the defendant stabbed his estranged wife several time. He argues that the court erred in denying his motion to dismiss the indictment pursuant to CPL 30.30 because, upon the effective date of CPL article 245, the people were returned to a state of unreadiness, and the people’s subsequent attempt to serve and file a certificate of compliance did not occur until after the time to declare trial readiness had expired.

Ruling: The Appellate Division reversed and dismissed the indictment. The court held that notwithstanding compliance with the provisions of any other law that would have rendered the people ready for trial, as of the effective date of Article 245, the people reverted to a state of unreadiness and could not be deemed ready until filing the certificate of compliance as required by Article 245.

Susan M. Norman, of the Frank H. Hiscock Legal Aid Society, for the defendant-appellant; Bradley W. Oastler, of the district attorney’s office, for the respondent.

Oral argument video