Case Involving CPL 30.30(1)(C) - Trial Within 60 Days
In People v. Galloway, NYLJ 6/6/00 the Court held that once the People reduced the charges against the defendant from an a misdemeanor to a B misdemeanor, the People were required to be ready for trial within 60 days of commencement of the action, pursuant to CPL 30.30(1)(c).
In reaching its conclusion the Court relied upon language in found in People v. Cooper, 90 N.Y.2d 292, 660 N.Y.S.2d 546, 683 N.E.2d 11 (1997).
In Cooper, supra, the Court of Appeals stated that, "the commencement of a criminal action is used only as a starting point for the People's time to be ready.
The determinative factor is not the initial charge but the level of crime with which the defendant is ultimately 'accused' of and for which he is prosecuted." Id. at 294.