2023 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.