You are here: / / HERE THE MISDEMEANOR COMPLAINT DID NOT INCLUDE FACTUAL ALLEGATIONS SUPPORTING...
,

HERE THE MISDEMEANOR COMPLAINT DID NOT INCLUDE FACTUAL ALLEGATIONS SUPPORTING ONE OF THE COUNTS; THEREFORE THE PEOPLE’S CERTIFICATION OF COMPLIANCE WITH CPL 30.30 (5-A) WAS INACCURATE; THE INACCURACY REQUIRED THE DISMISSAL OF THE COUNT, NOT THE INVALIDATION THE PEOPLE’S CORRESPONDING CPL 245.20 STATEMENT OF READINESS (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Cannataro, over a two-judge dissent, determined that if the People’s CPL 30.30 (5-a) certification is inaccurate because the misdemeanor complaint did not include facts supporting one of the counts, the appropriate remedy is dismissal of the defective count, not the invalidation of the People’s statement of readiness:

On its face, the clear language of CPL 30.30 (5-a) requires that the People, in conjunction with filing their statement of readiness, certify that each count of the accusatory instrument is supported by facially sufficient, nonhearsay allegations, and that any counts that are not so supported have been dismissed. However, the statute does not provide for any readiness-related consequence for a mistaken or incorrect certification …. Such a requirement would make little sense because facial sufficiency is a legal question—sometimes a close legal question—and the People cannot reasonably be expected to attest accurately to the outcome of a defendant’s challenge to the facial sufficiency of the instrument … .

Defendant contends that the People’s obligation to certify facial sufficiency should be treated the same as the requirement that they certify compliance with their discovery obligations under CPL article 245. A comparison of the text of the relevant provisions reveals why this interpretation is incorrect. CPL 30.30 (5), as originally enacted in 2019, specifically stated that any “statement of trial readiness must be accompanied or preceded by a certification of good faith compliance with the disclosure requirements of [CPL 245.20] and the defense shall be afforded an opportunity to be heard on the record as to whether the disclosure requirements have been met.” Mirroring this provision, CPL 245.50 (3) provided that “the prosecution shall not be deemed ready for trial for purposes of [CPL 30.30] until it has filed a proper certificate” of compliance (former CPL 245.50 [3] [emphasis added]). .. [R]ead together, CPL 245.50 and [CPL] 30.30 require that due diligence must be conducted prior to filing a” certificate of compliance… . Thus, unlike the subdivision (5-a) certification requirement, the legislature specifically provided that an invalid certificate of compliance would render the People’s accompanying statement of readiness illusory. The legislature could have, but did not, similarly tie the accuracy of certification pursuant to subdivision (5-a) to the People’s trial readiness. People v Williams, 2025 NY Slip Op 06535, CtApp 1125-25

Practice Point: The failure to include factual allegations in support of a count in a misdemeanor complaint which has been certified to be in compliance with CPL 30.30 (5-a) requires dismissal of that count, but does not invalidate the corresponding CPL 245.20 statement of readiness.

 

You might also like
Defendant Implicitly Consented to a Mistrial on Two of Three Counts by Requesting a Partial Verdict
Motion for a Change of Venue Can Be Entertained in “Dangerous Sex Offender” Trials and Hearings Under the Mental Hygiene Law/Non-Final Order Which Necessarily Affects the Final Order Is Appealable
WARRANTLESS SEARCH OF A PAROLEE’S EMPTY CAR WAS LAWFUL, NOTWITHSTANDING THE SEARCH WAS DONE BY A POLICE OFFICER, NOT A PAROLE OFFICER.
“Alford” Plea in Related Criminal Proceeding Did Not Have Preclusive Effect
THE FOIL REQUEST FOR DOCUMENTS PREPARED BY COUNSEL FOR THE BOARD OF PAROLE WAS PROPERLY DENIED; THE DOCUMENTS ARE PROTECTED FROM DISCLOSURE BY THE ATTORNEY-CLIENT PRIVILEGE (CT APP).
Conviction Reversed on Ineffective Assistance of Counsel Grounds
Rape-Complainant’s Mental Health Records Raised a Brady, Not a Confrontation, Issue—Trial Judge Properly Ruled that Most of the Records Would Not Be Turned Over to the Defense Because There was No Reasonable Possibility Disclosure Would Have Led to Defendant’s Acquittal
QUESTIONS WHETHER PROSPECTIVE JURORS COULD DISREGARD AN INVOLUNTARY CONFESSION SHOULD HAVE BEEN ALLOWED, CONVICTION REVERSED.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE APPROPRIATE TEST FOR WHETHER THE POLICE HAD “REASONABLE SUSPICION”... IN ANSWERING TWO CERTIFIED QUESTIONS FROM THE SECOND CIRCUIT, THE COURT OF APPEALS...