Opinion
No. 15–045.
09-25-2015
The PEOPLE of the State of New York, Appellant, v. Angelo PROSCIA, Defendant–Respondent.
Opinion
PER CURIAM.
Order (Linda Poust–Lopez, J.), dated June 6, 2014, reversed, on the law, motion denied, information reinstated, and matter remitted to Criminal Court for further proceedings.
Criminal Court erred in dismissing the accusatory instrument on speedy trial grounds. The People's September 11, 2013 statement of readiness to proceed to trial on charges of criminal possession of a weapon in the fourth degree (Penal Law § 265.011 ), criminal possession of marijuana in the fifth degree (Penal Law § 221.101 ) and unlawful possession of marijuana (Penal Law § 221.05), effectively stopped the “speedy trial” clock, inasmuch as the counts of the accusatory instrument pertaining to these charges was “deemed” converted to an information on that date (CPL 170.651 ), and no basis is shown to conclude that the People were not then actually ready to proceed on the converted charges (see People v. Kendzia, 64 N.Y.2d 331, 337 1985; People v. Carter, 91 N.Y.2d 795, 798 1988 ). That the accusatory instrument may have contained other counts which had not been timely converted did not signify a lack of readiness to proceed on the properly converted counts, concerning which the People were “technically positioned” to go to trial (People v. Terry, 225 A.D.2d 306, 307 1996, lv denied 88 N.Y. 886 1996; see also People v. Dion, 93 N.Y.2d 893 1999 ). We once again emphasize that speedy trial analysis “must, as a matter of course, often involve distinct considerations with respect to individual counts of a single accusatory instrument” (People v.. Gonzalez, 168 Misc.2d 136, 137 1996, lv denied 88 N.Y.2d 936 1996; People v. Ausby, 46 Misc.3d 126[A], 2014 N.Y. Slip Op 51763 [App Term, 1st Dept 2014], lv denied 24 NY3d 1218 2015; each quoting from People v. Minor, 149 Misc.2d 846, 848 1989, lv denied 74 N.Y.2d 666 1989 ). Giving proper effect to the People's September 11, 2013 readiness statement, it is indisputable that the People complied with their speedy trial obligations with respect to the properly converted weapon possession and marijuana possession counts.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.