When the government charges someone with a crime, the clock starts running. New York’s speedy trial statute gives prosecutors a fixed window to be ready for trial — and when they miss that deadline, the charges can be dismissed. We recently secured exactly that result for a client, obtaining a full dismissal of a Petit Larceny charge in Suffolk County District Court. This result was achieved by attorney David A. Arpino.
The Result
Our client was charged with one count of Petit Larceny, a class A misdemeanor. We moved to dismiss the accusatory instrument under Criminal Procedure Law §§ 170.30(1)(e) and 30.30, arguing that the People had failed to declare their readiness for trial within the time the statute allows. The court agreed and granted the motion in full. The case is over.
Why the Speedy Trial Clock Matters
For a class A misdemeanor, the prosecution generally has 90 days from the commencement of the criminal action to make a valid announcement of readiness for trial, minus any time that is properly excludable. That deadline is set out in CPL 30.30(1)(b), and it is not a mere formality, it is a core protection built into New York’s criminal procedure.
Crucially, the prosecution cannot simply say the words “we are ready.” Under New York’s discovery reforms, the People must actually meet their discovery obligations and file a valid Certificate of Compliance before a statement of readiness counts. A readiness announcement that is not backed by genuine compliance does not stop the clock.
How the Motion Worked
The law places an initial burden on the defense, but once that burden is met, the pressure shifts to the prosecution. As the Court of Appeals explained in People v. Santos, once a defendant shows an unexcused delay greater than the statutory maximum, the burden falls on the People to prove that time should be excluded. The People must then demonstrate that any exclusions they rely on actually apply (People v. Luperon).
Here, more time had elapsed than the statute permits, and no valid Certificate of Compliance or Statement of Trial Readiness had been served or filed by the District Attorney’s Office. Faced with that record, the prosecution did not oppose the motion. Under People v. Cole, when the People fail to controvert the sworn factual allegations supporting a dismissal motion, those facts are deemed conceded and dismissal follows.
The Takeaway
Speedy trial rights are one of the most powerful, and most frequently overlooked, tools in a criminal defense. The deadlines are strict, the calculations are technical, and small missteps by the prosecution can be the difference between a conviction and a dismissed case. Reviewing the timeline of a case with a careful eye is not optional, it is often where cases are won.
If you or someone you know is facing criminal charges in New York, the earlier these issues are identified, the stronger the defense. Every day on the calendar can matter.
This post describes a result in a specific matter and is provided for general informational purposes only. It is not legal advice, and prior results do not guarantee a similar outcome in any future case. If you need advice about your own situation, please contact our office to speak with an attorney.