People v. Minor

In People v. Minor (144 Misc.2d 846 [App Term 2d and 11th Judicial Dists 1989]), the Appellate Term stated "We note that a defect in a count does not necessarily require dismissal of all counts of a multi-count accusatory instrument. CPL 170.30(1)(e) provides that the court may dismiss the accusatory instrument or any count thereof upon the ground that defendant has been denied his right to a speedy trial. The clear import of the statutory language is that the People's failure to timely proceed on one count of an accusatory instrument does not necessarily adhere to the remaining counts upon which the People could be ready for trial" ( id. at 848). The Court stated that a "defect in a count does not necessarily require dismissal of all counts of a multi-count accusatory instrument. CPL 170.30 (1) (e) provides that the court may dismiss the accusatory instrument or any count thereof upon the ground that defendant has been denied his right to a speedy trial. The clear import of the statutory language is that the People's failure to timely proceed on one count of an accusatory instrument does not necessarily adhere to the remaining counts upon which the People could be ready for trial." The case further noted that "speedy trial computations must, as a matter of course, often involve distinct considerations with respect to individual counts of a single accusatory instrument" (id.)