People v. Gannaway

DARCEL CLARK, J. Defendant moves for dismissal of the accusatory instrument on the ground that her right to a speedy trial has been violated. Defendant was arraigned on March 14, 2000 on a misdemeanor On May 23, 2000, the People filed another off-calendar statement of readiness along with a superseding complaint. In relation to the incident occurring on March 13, 2000, the new complaint states that the field test was performed by undercover police officer, shield No. 2207. The original complaint stated that the test was done by the police officer who executed the search warrant and recovered the 10 bags of marihuana from the dresser drawer. A supporting deposition from undercover police officer, shield No. 11264, and undercover police officer, shield No. 2207, was also filed; however, no field tests were filed. The only field tests in the court file were those submitted on May 12, 2000. The field tests prepared by undercover police officer, shield No. 11264, have been rendered insufficient. The field test prepared by undercover police officer, shield No. 2207, is sufficient, and, coupled with the supporting deposition signed by that officer, converts the unlawful possession of marihuana charge for the March 13, 2000 incident. On the next scheduled court date, June 14, 2000, the court action sheets indicate that the supporting depositions and field tests were filed and served and the complaint was deemed an information. However, the People still did not make the proper connection between the defendant and the field tests submitted for the February 29 and March 6 incidents. These have been determined to be insufficient. Accordingly, this Court now determines that the charges for those dates still have not been converted. The case was adjourned to August 2, 2000 for motions. On July 27, 2000, defendant filed the instant speedy trial motion. The Court finds that, as of this date, 135 days have passed since commencement of the action on March 14, 2000. The only charge which has been converted is unlawful possession of marihuana relating to the March 13, 2000 incident. This conversion occurred on May 23, 2000, within the 90-day limit imposed by CPL 30.30 (1) (b). Accordingly, this Court is required to dismiss the two counts of criminal sale of marihuana in the fourth degree and the two counts of criminal possession of marihuana in the fifth degree for failure to convert within the 90-day time period. The only remaining count is unlawful possession of marihuana.