30.30 Dismissal Example Case in New York

In People v. England (84 NY2d 1, 636 N.E.2d 1387, 613 NYS2d 854 [1994]), the indictment was returned exactly six months after the defendant was charged and the People filed their readiness statement at the same time. The defendant moved, pre-arraignment, for a 30.30 dismissal alleging that, by the time the arraignment date came, 196 days would have elapsed. Because defendant had not been arraigned, and because the "People claimed no exclusion for the period between indictment and arraignment" (see England, 84 NY2d at 3, 613 NYS2d at 856), defendant could not be arraigned before the speedy trial period expired, and therefore, the indictment had to be dismissed. The court also noted that CPL 210.20 (2) requires that an indicted defendant be given at least two days notice of the arraignment date.