People v. Lashway

In People v. Lashway, 187 A.D.2d 747, 589 N.Y.S.2d 687 (3d Dept. 1992), the defendant was charged with several counts of rape in a felony complaint against a young girl. When the defendant was subsequently indicted, however, the indictment not only contained the charges of rape as contained in the felony complaint, but it also charged him with additional counts of rape against the same complainant, alleged to have been committed on dates different from the felony complaint. Under these circumstances, the two separate sets of charges had different commencement dates. The speedy trial time had expired as to the original rape charges and the charges against the defendant were given individualized treatment for CPL 30.30 purposes.