People v. Wilson, 86 N.Y.2d 753 (1995)
A statement of readiness for trial is sufficient for speedy trial purposes under CPL 30.30(1)(a) if the prosecution communicates its readiness on the record and is, in fact, ready to proceed at that time.
Summary
The defendant appealed his conviction, arguing a violation of his speedy trial rights under CPL 30.30(1)(a). The Appellate Division had previously reversed the initial conviction and ordered a new trial. The Court of Appeals affirmed the conviction, holding that the prosecution’s statement of readiness, made within six months of the Appellate Division’s reversal, satisfied the requirements of CPL 30.30(1)(a). The Court clarified that a valid statement of readiness must be communicated on the record and reflect actual readiness, not merely a prediction of future readiness. Here, the prosecution secured the complainant’s cooperation, possessed a valid accusatory instrument, and had produced the defendant.
Facts
The defendant was originally convicted, but the Appellate Division reversed this conviction and remanded for a new trial. On March 22, 1990, following the reversal, the prosecution stated, “we have been in contact with the victim. Our intentions are to go forward.” The defendant subsequently argued that the People violated his right to a speedy trial by not being ready within six months as required by CPL 30.30(1)(a).
Procedural History
1. The defendant was initially convicted, but the Appellate Division reversed and remanded for a new trial.
2. On the defendant’s second appeal, the Appellate Division remitted the case to County Court for a CPL 30.30 hearing.
3. After the hearing, the Appellate Division upheld the conviction.
4. The Court of Appeals affirmed the Appellate Division’s decision.
Issue(s)
Whether the prosecution’s statement, “we have been in contact with the victim. Our intentions are to go forward,” was a sufficient indication of readiness to satisfy the requirements of CPL 30.30(1)(a) for speedy trial purposes.
Holding
Yes, because the prosecution communicated their readiness on the record within six months of the Appellate Division’s reversal of the initial conviction, and possessed the ability to proceed with trial at that time.
Court’s Reasoning
The Court of Appeals applied CPL 30.30(1)(a), which requires the People to be ready for trial within six months of the commencement of a criminal action. In this case, the relevant date for calculating the six-month period was the date of the Appellate Division’s reversal of the defendant’s first conviction. The court relied on its prior decision in People v. Kendzia, 64 N.Y.2d 331, which established a two-pronged test for a valid statement of readiness: (1) the People must communicate their state of readiness on the record, and (2) the People must, in fact, be ready to proceed when they proclaim readiness.
The Court found that the first element of Kendzia was satisfied by the prosecution’s on-the-record statement to the court. As to the second element, the Court emphasized that CPL 30.30 requires actual readiness, “and not a prediction or expectation of future readiness.” The court found that the People met this standard because they had secured the complainant’s cooperation for retrial, possessed a valid accusatory instrument, and had produced the defendant. The statement was therefore deemed a valid declaration of readiness, and the defendant’s speedy trial rights were not violated. The Court distinguished the facts from situations where the prosecution merely expresses a hope or expectation of future readiness, emphasizing the need for the prosecution to have taken concrete steps demonstrating their preparedness to proceed to trial. The Court agreed with the prior courts’ determination that the statement sufficiently indicated the People’s readiness for trial.