People v. Kendzia, 64 N.Y.2d 331 (1985)
Under New York’s speedy trial statute, a prosecutor demonstrates ‘readiness for trial’ only by making an affirmative record statement of present readiness, not a prediction of future readiness, when the People are, in fact, ready to proceed.
Summary
Defendants were convicted of grand larceny and related charges. The Appellate Division reversed, finding the People weren’t ready for trial within the statutory time. The Court of Appeals affirmed, clarifying what constitutes a valid declaration of readiness. The Court held that a statement of readiness must be a present, on-the-record communication to the court demonstrating actual readiness, not a mere expectation or prediction of future readiness. Acquiescing to a future trial date or sending a letter stating future readiness is insufficient to satisfy CPL 30.30.
Facts
The State Tax Department investigated defendant MacLeod’s Prescription Pharmacy, Inc. and its president, defendant Kendzia, for filing inaccurate sales tax returns. An indictment was filed on September 17, 1980. At arraignment, the court ordered the People to provide the defendants with subpoenaed documents. Some documents were turned over on October 2, 1980. The defendants filed an omnibus motion with a return date rescheduled, over objection, to January 28, 1981. A trial date of April 20, 1981, was set at an unrecorded conference on January 28, 1981. The People requested and received an adjournment of the April trial date due to a conflict. On May 6, 1981, the People sent a letter stating they would be ready for trial on May 26, 1981. The trial commenced on November 18, 1981.
Procedural History
The defendants were convicted in the trial court. The Appellate Division reversed the convictions and dismissed the indictment, finding the People weren’t ready for trial within the meaning of CPL 30.30(1). The People appealed to the New York Court of Appeals. The Court of Appeals affirmed the Appellate Division’s decision.
Issue(s)
Whether the People sufficiently demonstrated “readiness for trial” under CPL 30.30(1) by either acquiescing to a trial date set during an off-the-record conference or by sending a letter stating they would be ready on a future date?
Holding
No, because “ready for trial” requires an affirmative, on-the-record communication of present readiness by the People, and neither setting a future trial date without objection nor a letter predicting future readiness satisfies this requirement.
Court’s Reasoning
The Court emphasized two elements are necessary to establish “ready for trial” under CPL 30.30(1): (1) an on-the-record communication of readiness by the People, either through a statement in open court or a written notice to defense counsel and the court clerk, and (2) the prosecutor’s statement must be made when the People are, in fact, ready to proceed. The Court distinguished between a present declaration of readiness and a mere prediction or expectation of future readiness. The Court stated that the People must make an affirmative representation of readiness and “may not simply rely on the case being placed on a trial calendar.”
The Court found that acquiescing to a future trial date during an off-the-record conference did not satisfy the on-the-record communication requirement, nor did it demonstrate present readiness. Similarly, the May 6 letter was insufficient because it merely expressed an expectation of readiness as of May 26. To accept that a letter suffices, the Court reasoned, would allow prosecutors to circumvent CPL 30.30 by simply attaching a note to the indictment stating future readiness.
The Court cited People v Hamilton, 46 NY2d 932, emphasizing the need for a contemporaneous communication of readiness. The Court also cited People v Brothers, 50 NY2d 413, reinforcing that passively placing a case on a ready reserve calendar does not constitute a valid statement of readiness. The Court noted the People failed to meet their burden of demonstrating sufficient excludable time to bring them within the statutory time limit; therefore, the order of the Appellate Division was affirmed.