NY Crim Pro L § 30.30 (2021)
2021 New York Laws CPL - Criminal Procedure Part 1 - General Provisions Title C - General Principles Relating to Requirements for and Exemptions From Criminal Prosecution Article 30 - Timeliness of Prosecutions and Speedy Trial 30.30 - Speedy Trial; Time Limitations.

§ 30.30 Speedy trial; time limitations.   1.  Except as otherwise provided in subdivision three of this section, a motion made pursuant to paragraph (e) of subdivision  one  of  section 170.30  or  paragraph  (g)  of subdivision one of section 210.20 of this chapter must be granted where the people are not ready for trial within:  (a) six months of the commencement of  a  criminal  action  wherein  a defendant is accused of one or more offenses, at least one of which is a felony;  (b)  ninety  days  of  the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than  three months and none of which is a felony;  (c)  sixty  days  of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of  not  more  than three  months  and  none of which is a crime punishable by a sentence of imprisonment of more than three months; or  (d) thirty days of the commencement of a criminal action  wherein  the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.  (e)  for  the  purposes  of  this  subdivision, the term offense shall include vehicle and traffic law infractions.   2. Except as provided in subdivision three of this  section,  where  a defendant has been committed to the custody of the sheriff or the office of  children  and family services in a criminal action he or she must be released on bail or on his or her own recognizance, upon such conditions as may be just and reasonable, if the people are not ready for trial  in that criminal action within:  (a)  ninety days from the commencement of his or her commitment to the custody of the sheriff or the office of children and family services  in a  criminal  action  wherein  the  defendant  is  accused of one or more offenses, at least one of which is a felony;  (b) thirty days from the commencement of his or her commitment to  the custody  of the sheriff or the office of children and family services in a criminal action wherein the  defendant  is  accused  of  one  or  more offenses,  at  least  one  of  which  is  a  misdemeanor punishable by a sentence of imprisonment of more than three months and none of which  is a felony;  (c) fifteen days from the commencement of his or her commitment to the custody  of the sheriff or the office of children and family services in a criminal action wherein the  defendant  is  accused  of  one  or  more offenses,  at  least  one  of  which  is  a  misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more  than  three months; or  (d)  five  days  from the commencement of his or her commitment to the custody of the sheriff or the office of children and family services  in a  criminal  action  wherein  the  defendant  is  accused of one or more offenses, at least one of which is a violation and none of  which  is  a crime.  (e)  for  the  purposes  of  this  subdivision, the term offense shall include vehicle and traffic law infractions.   3. (a) Subdivisions one and two of this section  do  not  apply  to  a criminal  action  wherein the defendant is accused of an offense defined in sections 125.10, 125.15, 125.20, 125.25, 125.26  and  125.27  of  the penal law.  (b)  A motion made pursuant to subdivisions one or two of this section upon expiration of the specified period may be denied where  the  people  are  not ready for trial if the people were ready for trial prior to the expiration of the specified period and their present unreadiness is  due to some exceptional fact or circumstance, including, but not limited to, the  sudden  unavailability  of  evidence material to the people's case, when the district attorney has exercised due diligence  to  obtain  such evidence  and there are reasonable grounds to believe that such evidence will become available in a reasonable period.  (c) A motion made pursuant to subdivision two of  this  section  shall not:  (i)  apply  to any defendant who is serving a term of imprisonment for another offense;  (ii) require the release from custody of any  defendant  who  is  also being  held  in  custody  pending trial of another criminal charge as to which the applicable period has not yet elapsed;  (iii) prevent the redetention of or otherwise apply to  any  defendant who,  after  being  released  from  custody  pursuant to this section or otherwise, is charged with another crime or violates the  conditions  on which  he  has  been  released,  by  failing  to  appear  at  a judicial proceeding at which his presence is required or otherwise.   4. In computing the time within which the people  must  be  ready  for trial  pursuant  to  subdivisions  one  and  two  of  this  section, the following periods must be excluded:  (a) a reasonable period of  delay  resulting  from  other  proceedings concerning  the defendant, including but not limited to: proceedings for the determination of competency and the period during which defendant is incompetent to stand trial; demand to produce; request  for  a  bill  of particulars; pre-trial motions; appeals; trial of other charges; and the period  during  which such matters are under consideration by the court; or  (b) the period of delay resulting from a continuance  granted  by  the court at the request of, or with the consent of, the defendant or his or her  counsel.  The  court  may  grant  such  a continuance only if it is satisfied that postponement is in the interest of justice,  taking  into account  the  public  interest  in  the  prompt dispositions of criminal charges. A  defendant  without  counsel  must  not  be  deemed  to  have consented  to  a  continuance  unless  he or she has been advised by the court of his or her rights under these  rules  and  the  effect  of  his consent, which must be done on the record in open court; or  (c)   (i)   the   period  of  delay  resulting  from  the  absence  or unavailability of the defendant. A defendant must be  considered  absent whenever  his  location  is  unknown  and  he  is  attempting  to  avoid apprehension or prosecution, or his location cannot be determined by due diligence. A defendant  must  be  considered  unavailable  whenever  his location  is  known but his presence for trial cannot be obtained by due diligence; or  (ii) where the defendant has either escaped from custody or has failed to appear when required after having previously been released on bail or on his own recognizance, and provided the defendant is not in custody on another matter, the period extending from the day  the  court  issues  a bench  warrant pursuant to section 530.70 of this chapter because of the defendant's failure to appear in court when required,  to  the  day  the defendant  subsequently appears in the court pursuant to a bench warrant or voluntarily or otherwise; or  (d) a reasonable period of delay when  the  defendant  is  joined  for trial with a co-defendant as to whom the time for trial pursuant to this section  has  not  run  and  good  cause  is  not  shown  for granting a severance; or  (e) the period of delay resulting from detention of the  defendant  in another  jurisdiction  provided  the  district attorney is aware of such detention and has been diligent  and  has  made  reasonable  efforts  to obtain the presence of the defendant for trial; or  (f)  the  period during which the defendant is without counsel through no fault of the court; except when the defendant is  proceeding  as  his own attorney with the permission of the court; or  (g)  other  periods  of delay occasioned by exceptional circumstances, including but not limited to, the  period  of  delay  resulting  from  a continuance  granted  at  the  request of a district attorney if (i) the continuance  is  granted  because  of  the  unavailability  of  evidence material  to the people's case, when the district attorney has exercised due diligence to obtain such evidence and there are  reasonable  grounds to  believe  that  such  evidence  will become available in a reasonable period; or (ii)  the  continuance  is  granted  to  allow  the  district attorney  additional  time  to  prepare the people's case and additional time is justified by the exceptional circumstances of the case. Any such exclusion when a statement of unreadiness has followed  a  statement  of readiness  made  by  the  people  must  be  evaluated by the court after inquiry on the record as to the reasons for the people's unreadiness and shall only be approved upon a showing of sufficient supporting facts; or  (h)  the  period  during  which  an  action  has  been  adjourned   in contemplation  of  dismissal  pursuant  to  sections  170.55, 170.56 and 215.10 of this chapter; or  (i)  the  period  prior  to  the  defendant's  actual  appearance  for arraignment  in  a situation in which the defendant has been directed to appear by the district attorney pursuant to subdivision three of section 120.20 or subdivision three of section 210.10 of this chapter; or  (j) the period during which a family offense is before a family  court until  such  time  as  an  accusatory  instrument or indictment is filed against the defendant alleging a crime constituting a family offense, as such term is defined in section 530.11 of this chapter.   5. Whenever pursuant to this section a prosecutor states or  otherwise provides  notice  that  the  people are ready for trial, the court shall make inquiry on the record as  to  their  actual  readiness.  If,  after conducting  its  inquiry,  the  court determines that the people are not ready to proceed to trial,  the  prosecutor's  statement  or  notice  of readiness shall not be valid for purposes of this section. Any statement of trial readiness must be accompanied or preceded by a certification of good faith compliance with the disclosure requirements of section 245.20 of  this  chapter and the defense shall be afforded an opportunity to be heard on the record as to whether the disclosure requirements have  been met.  This  subdivision  shall  not apply to cases where the defense has waived disclosure requirements.   5-a. Upon a local criminal court accusatory instrument, a statement of readiness shall not be valid unless the prosecuting  attorney  certifies that   all   counts  charged  in  the  accusatory  instrument  meet  the requirements of sections 100.15 and 100.40 of  this  chapter  and  those counts  not  meeting  the  requirements of sections 100.15 and 100.40 of this chapter have been dismissed.   6.  An  order  finally  denying  a  motion  to  dismiss  pursuant   to subdivision  one of this section shall be reviewable upon an appeal from an ensuing judgment of conviction notwithstanding  the  fact  that  such judgment is entered upon a plea of guilty.   7.  For  purposes  of  this  section, (a) where the defendant is to be tried following the withdrawal of the plea of guilty or is to be retried following a mistrial,  an  order  for  a  new  trial  or  an  appeal  or collateral attack, the criminal action and the commitment to the custody  of  the  sheriff  or the office of children and family services, if any, must be deemed to have commenced on the date the withdrawal of the  plea of guilty or the date the order occasioning a retrial becomes final;  (b)  where  a defendant has been served with an appearance ticket, the criminal action must be  deemed  to  have  commenced  on  the  date  the defendant  first  appears  in  a local criminal court in response to the ticket;  (c) where a criminal action is commenced by the  filing  of  a  felony complaint,  and  thereafter,  in  the course of the same criminal action either the  felony  complaint  is  replaced  with  or  converted  to  an information,  prosecutor's information or misdemeanor complaint pursuant to article  one  hundred  eighty  of  this  chapter  or  a  prosecutor's information  is  filed  pursuant  to section 190.70 of this chapter, the period applicable for the purposes of subdivision one 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; provided, however,  that when the aggregate of such period and the period of time, excluding the periods provided in subdivision four, already elapsed from the date of the filing of the felony complaint to the date of the filing of  the  new  accusatory  instrument  exceeds  six  months,  the  period applicable to the charges in the felony complaint must remain applicable and continue as if the new accusatory instrument had not been filed;  (d)  where  a  criminal  action is commenced by the filing of a felony complaint, and thereafter, in the course of  the  same  criminal  action either  the  felony  complaint  is  replaced  with  or  converted  to an information, prosecutor's information or misdemeanor complaint  pursuant to  article  one  hundred  eighty  of  this  chapter  or  a prosecutor's information is filed pursuant to section 190.70  of  this  chapter,  the period  applicable  for  the purposes of subdivision two of this section 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; provided, however, that  when  the  aggregate  of such  period  and  the period of time, excluding the periods provided in subdivision four of this section, already elapsed from the date  of  the filing  of  the  felony  complaint  to the date of the filing of the new accusatory instrument exceeds ninety days, the period applicable to  the charges  in  the felony complaint must remain applicable and continue as if the new accusatory instrument had not been filed.  (e) where a count of  an  indictment  is  reduced  to  charge  only  a misdemeanor  or petty offense and a reduced indictment or a prosecutor's information is filed pursuant to subdivisions one-a and six  of  section 210.20  of  this  chapter,  the  period  applicable  for the purposes of subdivision one of this section 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;  provided,  however,  that when  the aggregate of such period and the period of time, excluding the periods provided in subdivision four of this  section,  already  elapsed from  the date of the filing of the indictment to the date of the filing of  the  new  accusatory  instrument  exceeds  six  months,  the  period applicable  to  the charges in the indictment must remain applicable and continue as if the new accusatory instrument had not been filed;  (f) where a count of  an  indictment  is  reduced  to  charge  only  a misdemeanor  or petty offense and a reduced indictment or a prosecutor's information is filed pursuant to subdivisions one-a and six  of  section 210.20  of  this  chapter,  the  period  applicable  for the purposes of subdivision two of this section 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;  provided,  however,  that  when  the aggregate of such period and the period of time, excluding the periods provided in subdivision four of this  section,  already  elapsed from  the date of the filing of the indictment to the date of the filing of  the  new  accusatory  instrument  exceeds  ninety  days,  the period applicable to the charges in the indictment must remain  applicable  and continue as if the new accusatory instrument had not been filed.   8.  The  procedural rules prescribed in subdivisions one through seven of section 210.45 of this chapter with respect to a motion to dismiss an indictment are not applicable to a motion made pursuant  to  subdivision two  of  this  section.  If,  upon  oral  argument,  a time period is in dispute, the court must promptly conduct a hearing in which  the  people must prove that the time period is excludable.