In People v. Merrihew, 301 AD2d 970 (3rd Dept, 2003), in the midst of a jury trial, a mistrial was declared. The mistrial was declared on May 26, 1999, and a new trial was commenced in January of 2000. The defendant moved to dismiss on speedy trial grounds and that motion was denied. Following his conviction, the defendant appealed the denial of his speedy trial motion. Applying C.P.L. 30.30(5)(a), the Appellate Division stated that "once County Court declared a mistrial upon its own motion on May 26, 1999, the People had until November 26, 1999, to declare themselves ready for trial.'" (at p. 971).