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PEOPLE v. ROUSE

12 N.Y.3d 728 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHELLE ROUSE, Appellant.

Court of Appeals of New York.

Decided February 11, 2009.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Peter Theis and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent.

Acting Chief Judge CIPARICK and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

When a defendant is accused of a felony offense, CPL 30.30 requires the People to be ready for trial within six months of the commencement of the criminal action (CPL 30.30 [1] [a]). CPL 30.30 (4) (f) excludes from the readiness time "the period during which the defendant is without counsel...

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