![]() ![]() The People must be ready for trial within six months of the commencement of a criminal action when the defendant is accused of one or more offenses, at least one of which is a felony. Specifically, Defendant argues that the Statement of Readiness is illusory because the felony complaint reduction was improper and ineffective pursuant to CPL 1.20 and 180.50.īy an affirmation in opposition submitted by the prosecutor, the People oppose Defendant's motion and maintain that the Statement of Readiness dated January 6, 2023, is valid. Additionally, the defendant moves to dismiss the accusatory instrument pursuant to CPL 30.30 on the ground that his speedy trial rights have been violated. of counsel) for the Peopleīy notice of motion submitted by defense counsel, the defendant moves for this court to deem the reduction of the felony complaint invalid pursuant to CPL 180.50. Melinda Katz, District Attorney (Aliya Polner, Esq. Queens Defenders (Isabel Mcquarrie, Esq.) for the Defendant This opinion is uncorrected and will not be published in the printed Official Reports.Ĭriminal Court of the City of New York, Queens County Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. (3) the position of opposing counsel or parties andĪll such motions shall be accompanied by a proposed order.Criminal Court Of The City Of New York, Queens County Motions for enlargement of time shall state: (h) Motions for Enlargement or Extension of Time. Any motion may be dismissed by the Court for failure to comply with the requirements of this rule. 60-206 shall govern the computation of the time periods set forth in this rule. (Misdemeanor Motions and Responses should be delivered to the chambers of the Duty Judge). A chambers copy of every criminal motion and response filed with the clerk must be mailed or delivered contemporaneously to the division where such motion will be decided. (2) An exception to section (c) above is that a motion to show cause why probation or bond should not be revoked may be ruled on immediately by a judge. (ii) Motions accompanied by an agreed order will be ruled on without further supporting or responsive memoranda, and without hearing. (Motions and supporting memoranda may be combined.) (i) Motions which show on their face factual authorities sufficient to support the relief requested do not require additional memoranda. (1) The exceptions to sections (a) and (b), above, are: ![]() The moving party may file and serve a written reply memorandum. All motions and responses to motions shall be in the form of pleadings and shall meet all formal statutory requirements pertaining to pleadings. A party shall have twenty-one (21) days (or as shortened a period as the Court directs) to respond to a motion to suppress or dismiss. If a party believes a hearing is needed, one should be requested. A party opposing a motion other than one to suppress or dismiss shall, within fourteen (14) days after service of the motion upon it, file an original with the clerk and serve upon opposing party (or counsel, if the party is represented by an attorney) a written response to the motion containing a short, concise statement of his opposition to the motion, and if appropriate, a brief or memorandum in support thereof. Also, a proposed order may be submitted with the motion. If a motion is joint or unopposed, a statement to this effect shall be contained in the caption and in the body of the motion. With the approval of the court, parties may be relieved from the requirement of serving and filing written briefs or memoranda in support of motions, responses and replies. An original shall be filed and shall be accompanied by a brief or memorandum suggesting the reasons and authorities in support. All motions, unless made during a hearing or at trial, shall be in writing and shall be filed with the clerk.
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