Defendant moves to dismiss this criminal action pursuant to CPL § 30.30. The People oppose the motion. Both sides agree, and the Court finds, that 66 days should be charged to the People.The only issue is whether the People have 90 or 60 days of time in which to be ready for trial pursuant to CPL § 30.30. Defendant asserts that the People have only 60 days of chargeable time pursuant to CPL § 30.30(1) (c) because the top count in the prosecutor's information against defendant is a class "B" misdemeanor. The People reply that the defendant was originally arraigned on a misdemeanor complaint containing a class "A" misdemeanor and therefore the People have 90 days of chargeable time pursuant to CPL § 30.30(1)(b).In People v. Cooper, 98 NY2d 541, 544-545 (2002), the Court of Appeals addressed the question of "what effect the [] reduction - - from class A to class B misdemeanor charges - - had on the trial readiness calculation." The Court held that such a reduction "had no effect on the readiness equation" and that, despite the reduction, the People had 90 days of chargeable time in which to be ready for trial. Id. at 546. The decision in People v. Cooper constitutes controlling precedent. Accordingly, defendant's motion is denied.

The foregoing constitutes the Decision and Order of the Court.

Dated:May 14, 2007

Bronx, New York________________________

Joseph J. Dawson, A.S.C.J.