The People of the State of New York, Plaintiff, v. Thomas Ortiz, Defendant. (2026)

The defense moves to dismiss pursuant to CPL §§ 30.30 (1) (b) and 170.30 (1) (e). In this case, in which the defendant is charged with an A misdemeanor and no felonies, the People must be ready for trial within ninety days of the commencement of the criminal action (CPL 30.30 [1] [b]). The parties agree that the criminal action commenced on March 10, 2026, and that the People filed and served a certificate of readiness for trial (COR) on June 8, 2026, stopping the speedy trial clock. The People do not argue that any exclusions apply, and the defense does not argue that there is any additional chargeable time. The only disagreement is whether June 8, 2026, was the 90th or 91st chargeable day.

As the People correctly observe, the defense improperly includes the day on which the case commenced in their speedy trial calculation. The Court of Appeals has held that courts must "exclude[ ] the first day of the statutory period in determining whether dismissal is required under CPL 30.30" (People v Stiles, 70 NY2d 765, 767 [1987]). Specifically, the Court relied on General Construction Law § 20, which provides that "[t]he day from which any specified period of time is reckoned shall be excluded in making the reckoning." As guided by the Court of Appeals, this court is to count how many days have passed since the commencement of the case, and on the day the case commenced, no days had passed.

From the defendant's arraignment on March 10, 2026, to the filing of the People's COC and COR on June 8, 2026, 90 days are chargeable to the People. No additional time is chargeable. The defendant's motion to dismiss is therefore DENIED.

This constitutes the decision and order of this court.

Dated: September 25, 2026

New York, NY

Ilona B. Coleman, J.C.C.

Ilona B. Coleman, J.