People v. Cooper

In People v. Cooper (90 NY2d 292 [1997]) a misdemeanor complaint charging driving while intoxicated was succeeded by an indictment charging the same crime as a felony. The Court of Appeals held that in such a situation defendant stood accused of a felony, entitling the People to a six-month readiness period measured from the date of the filing of the misdemeanor complaint. Significantly, the Court cited with approval the language of the Appellate Division in the same case that " 'the phrase, "commencement of a criminal action" is used only as a starting point for the People's time to be ready. The determinative factor is not the initial charge but the level of crime with which the defendant is ultimately "accused" and for which he is prosecuted' " ( People v. Cooper, supra, at 294.)