People v. Gulston

In People v. Gulston (181 Misc 2d 644 [Sup Ct, Kings County 1999]), the court examined the purpose of a statute of limitations. It restated the general principle of law which applies to many phases of the criminal law and known to the Legislature that each count in an indictment is deemed to be a separate accusatory instrument. The court determined that when the Legislature enacted the current CPL 30.10 it knew that each count was deemed separate from the remaining counts. Therefore, the court reasoned that by failing to provide in CPL 30.10 that the indictment is to be treated as a single whole, the Legislature made this general principle applicable to the statute of limitations.