People v. Prunier

APPELLATE DIVISION
THIRD DEPARTMENT
Criminal Practice

New York Law Journal

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Justice William McCarthy

Prunier appealed from a judgment convicting her of assault based on her pulling a woman from a vehicle and beating her. County Court denied Prunier's motion to dismiss a four-count indictment returned by the grand jury, arguing a violation of her right to a speedy trial. She later waived her right to a jury trial, and proceeded to a bench trial on stipulated facts in which the court found her guilty of third-degree assault. Prunier appealed, but the panel concluded the County Court properly denied her speedy trial motion. It noted while prosecutors filed a statement of readiness on July 23, 2010, establishing their readiness, the indictment must be dismissed if arraignment within the statutory period was impossible. Yet the court said a statement of readiness made contemporaneously with the filing of the indictment could be effective to stop the speedy trial clock if it was filed at least two days before the Criminal Procedure Law §30.30 period ended. It noted the prearraignment statement of readiness was valid as arraignment was possible on the second counted day after the indictment was filed, and the last day within the six month statutory period. Thus, the judgment was affirmed.

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