New York CPL 180.50 - Example Case
In People v. Dion, 93 NY2d 893, 711 N.E.2d 963, 689 N.Y.S.2d 685 (1999), the defendant was charged with Criminal Mischief in the Third Degree and Petit Larceny.
On May 14, 1996, the People declared their readiness on the record. The People also moved to reduce the felony charge of Criminal Mischief in the Third Degree to the misdemeanor charge of Criminal Mischief in the Fourth Degree.
Yet, the felony charge was not properly reduced pursuant to CPL 180.50 until October 15, 1996, more than six months after the action had commenced on March 13, 1996.
In affirming the County Court's denial of the defendant's speedy trial motion, the Court of Appeals held that "when the People answered ready on May 14, 1996, their readiness included the misdemeanor charge of petit larceny. That unreduced charge was unaffected by the procedural mechanics of CPL 180.50." (Dion at 894.)