Summary

Jahmeil Miller was arrested on June 23, 2025 and charged with assault under Penal Law (PL) § 120.00(1) and related charges. On June 24, 2025, the criminal court complaint/accusatory instrument was filed. Ms. Miller was arraigned on June 25, 2025, released on her own recognizance and the case was adjourned to July 31 and September 25, 2025 for conversion and for the prosecution to file their Certificate of Compliance (COC). On July 31, 2025 the case was not converted and no COC was filed. On September 22, 2025 the prosecution filed a superseding affidavit and supporting deposition. On September 23, 2025 the prosecution filed their COC and Statement of Readiness (SOR). At the September 25, 2025 adjournment, the defense argued that the prosecution was not ready for trial within 90 days and the instant motion schedule was set. This case comes before this court on defense motion to dismiss under Criminal Procedure Law (CPL) § 30.30. The defense argues and the prosecution concedes that this case commenced on June 24, 2025 with the filing of the accusatory instrument. (Defense Motion at 5 & 6; Opposition at 12.) The parties disagree as to the number of days between the arraignment and the COC filing.

Criminal actions are ordinarily commenced when an accusatory instrument is filed in criminal court. "Generally, criminal actions are said to have 'commenced' upon the filing of the first accusatory instrument (see, CPL 1.20 [16]-[17]; 100.05)." People v. Stirrup, 91 NY2d 434, 438 (1998). The date of the filing of the accusatory instrument is not included in the time calculation for CPL § 30.30 purposes. General Construction Law § 20. "In computing any [*2]specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning." People v. Stiles, 70 NY2d 765, 767 (1987) quoting General Construction Law § 20. Since the top charge in this case is an A misdemeanor, CPL § 30.30(1)(b) requires that the prosecution be ready within 90 days of arraignment (by September 22, 2025 in this case). See People v. Brown, 28 NY3d 392, 403 (2016).

The parties agree as to the applicable time period for the relevant CPL § 30.30 day count and that it runs from the June 25 arraignment to the September 23 COC filing. However, the parties disagree as to the number of days between these two dates: the defense argues that there are 91 days while the prosecution contends there are 90. In fact, there are 91 days.

Because the prosecution did not file their COC within 90 days after the commencement of this action, they were not ready pursuant to CPL § 30.30, requiring dismissal of the instant matter.

The forgoing constitutes the order and decision of the court.