People v. Cooper, 90 N.Y.2d 292 (1997)
When a misdemeanor complaint is superseded by a felony charge, the prosecution has six months from the commencement of the action to be ready for trial, regardless of the initial misdemeanor charge.
Summary
Cooper was initially charged with a misdemeanor DWI. Upon discovering a prior DWI conviction, the prosecution filed felony DWI charges. Cooper argued that the speedy trial clock began with the misdemeanor complaint, requiring the prosecution to be ready within 90 days. The New York Court of Appeals held that because Cooper was ultimately prosecuted for a felony, the prosecution had six months from the action’s commencement to be ready for trial, irrespective of the initial misdemeanor charge. This case clarifies how speedy trial rules apply when charges escalate from a misdemeanor to a felony, ensuring the prosecution has adequate time to prepare for the more serious charge.
Facts
On July 24, 1992, the People filed a misdemeanor complaint against Cooper for two counts of driving while intoxicated (DWI). Upon learning of Cooper’s prior DWI conviction in 1985, the People notified Cooper of their intent to submit felony charges to a Grand Jury. The misdemeanor complaint was subsequently replaced with a felony instrument charging Cooper with two felony counts of DWI. Cooper was indicted and convicted of felony DWI after a jury trial.
Procedural History
The case began in Criminal Court with a misdemeanor complaint. The People then replaced the misdemeanor complaint with a felony instrument and Cooper was subsequently indicted. After a jury trial, Cooper was convicted of driving while intoxicated as a felony. Cooper appealed based on speedy trial grounds, arguing a violation of CPL 30.30(1). The Appellate Division affirmed the conviction, and Cooper appealed to the New York Court of Appeals.
Issue(s)
Whether the People were obligated to announce their readiness for trial within 90 days of the action’s commencement, when the action was initiated by a misdemeanor complaint but subsequently converted to a felony case?
Holding
No, because the determinative factor is the level of crime with which the defendant is ultimately “accused” and prosecuted. The People had six months from the commencement of the action to be ready for trial because Cooper was ultimately charged and prosecuted for a felony.
Court’s Reasoning
The Court of Appeals focused on the statutory language of CPL 30.30(1)(a) and (b), which dictates different readiness periods based on whether the defendant is