In People v. Lomax (50 N.Y.2d 351 [1980]), the People commenced the action by filing a felony complaint, a document that can never support a felony conviction. They then obtained an indictment apparently premised on insufficient grand jury evidence, and, when that indictment was dismissed because of the insufficiency, the People obtained a second indictment, this time one that was sufficient to support the felony prosecution and a judgment of conviction. Although it ultimately affirmed denial of the defendant's ensuing motion to dismiss pursuant to CPL 30.30 because his motion papers were inadequate, the Court of Appeals nonetheless made clear that analysis of defendant's "speedy trial" claim must begin with determining when the action against him was "commenced," which it ruled is not when the People obtained the second, valid indictment, but when the first accusatory instrument, there a felony complaint, was filed. In interpreting and applying the "carefully structured definitional provisions of the Criminal Procedure Law," it ruled that "there can be only one criminal action for each set of charges brought against a particular defendant, notwithstanding that the original accusatory instrument may be replaced or superceded during the course of the action. This is so even in cases such as this, where the original accusatory instrument was dismissed outright and the defendant was subsequently haled into court under an entirely new [instrument]" (supra at 356). The Court of Appeals in Lomax noted that a criminal action is to have "continuity" even through the issuance of successive accusatory instruments, and it reasoned that, if there can be only one criminal action for any given set of criminal charges, there also can be only one commencement date, i.e., the date "on which the first accusatory paper is filed" (id. ).