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PEOPLE v. LISENE

2013-08242. Ind. No. 641/12.

201 A.D.3d 738 (2022)

159 N.Y.S.3d 504

2022 NY Slip Op 00194

The People of the State of New York, Respondent, v. Alpha Lisene, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 12, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (David L. Goodwin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Andrew S. Durham of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Pursuant to CPL 30.30(1)(a), the Supreme Court must grant a motion to dismiss an indictment charging a felony offense where the People are not ready for trial within six months after the commencement of the criminal action, which, in this case, consists of a period of 182 days. Once the People announce that they are ready for trial, postreadiness delay is chargeable to them only "when the...

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