Defendant was charged under Indictment 72266-2023 with one (1) count of assault in the second degree, in violation of Penal Law § 120.05 (2), and one (1) count of assault in the third degree, in violation of Penal Law § 120.00 (1). The indictment alleges that the incident occurred on or about February 25, 2023. On February 26, defendant was arraigned upon a felony complaint, docket number CR-005903-23SU, and charged with one (1) count of assault in the [*2]second degree, in violation of Penal Law § 120.05 (2). Therefore, the People had until Monday, August 28, 2023, to file a certificate of compliance and announce their readiness to proceed (see General Construction Law § 25-a).

The People aver that on August 16 , 18, 20, and 22, they provided discovery. On August 22, 2023, the People aver that they "certified that they had provided discovery but did not certify their readiness for trial" (People's Aff. ¶ 6). On August 23, 2023, after negotiations with respect to the felony complaint apparently failed, the People presented the matter to the Grand Jury and handed up indictment 72266-2023. On the same day, the People filed their certificate of compliance and announced readiness. The following day, on August 24, the People provided defense counsel with additional discovery, including a redacted copy of the grand jury minutes, and filed a supplemental certificate of compliance. Defendant was arraigned on September 6, 2023, before this Court, 192 days after she was arraigned on the felony compliant.

Before answering ready for trial, the People must have "done all that is required of them to bring the case to a point where it may be tried" (People v. England, 84 NY2d 1,4 [1994]). Conversely, "[a] statement of readiness at a time when the People are not actually ready is illusory and insufficient to stop the running of the speedy trial clock" (People v. England, supra at 4). While a felony complaint can serve to commence the prosecution of a felony offense, it cannot serve as the basis for such prosecution which necessarily renders a trial readiness announcement an impossibility, as a defendant cannot be brought to trial on a felony offense before arraignment on an indictment, as it is an elemental prerequisite to trial readiness (cf. CPL § 1.20 [3]).

This Court acknowledges that the People did exercise due diligence in providing discovery to the defendant, including providing redacted transcripts of the grand jury minutes the day after the presentation. However, it does not change the fact that defendant was not arraigned before the end of the speedy trial period, and that the People have not alleged a reason for their delay in presenting this case to the grand jury between February 26 and August 23, 2023. As arraignment on the indictment is a prerequisite to trial readiness, the People's statements of readiness before arraignment are rendered meaningless (see People v England, supra).

Accordingly, the defendant's motion to dismiss the indictment pursuant to CPL §§ 30.30 (1) (a), and 210.20 (1)(g) is granted.

This constitutes the decision and Order of this Court.