The People appeal from an order of the Criminal Court of the City of New York, New York County (Larry R.C. Stephen, J.), dated January 30, 2007, which dismissed the accusatory instrument, and from an order (same court and Judge), dated April 3, 2007, which denied the People's motion to reargue.

Per Curiam.

Order (Larry R.C. Stephen, J.) dated January 30, 2007, reversed, accusatory instrument reinstated and matter remanded for further proceedings. Appeal from order (Larry R.C. Stephen, J.), dated April 3, 2007, dismissed as nonappealable.

The trial court's dismissal of the accusatory instrument, based upon the court's apparent frustration with the People's delay in preparing for trial, was unauthorized, there being no demonstrated showing of a speedy trial violation or inherent power in the court to dismiss a criminal proceeding for "failure to prosecute" (see People v Douglas, 60 NY2d 194, 206 [1983]). From a procedural standpoint, reversal is required because of the court's failure to adhere to the notice requirements of section 170.45 and 210.45 of the Criminal Procedure Law (see People v Littles, 188 AD2d 255, 256 [2002], lv denied 81 NY2d 842 [1993]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 27, 2008