People v. Curtis

Legal Aid Society, New York City (Peter Barta of counsel), for defendant. Robert M. Morgenthau, District Attorney, New York City (Vera Varshavsky of counsel), for plaintiff.

OPINION OF THE COURT

GERALD HARRIS, J. The defendant, John Curtis, is charged with two counts of assault in the third degree, attempted assault in the third degree, and harassment in the second degree. He moves to dismiss the complaint for denial of his right to a speedy trial under CPL 30.30. The People are required, in this class A misdemeanor case, to announce their readiness for trial within 90 days of the commencement of the action. (CPL 30.30 [1] [b].) This case was commenced on January 19, 2003. To date, the People have July 2, 2003 (23 days) are excluded for motion practice. Thus, the total number of days chargeable to the People is 87. Accordingly, the motion to dismiss is denied. [*] Whether a motion seeks substantive relief is not always crystal clear. Here, for example, the motion requests the preclusion of statements for lack of notice and that relief was granted.