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 CPL 30.30 (5), as originally enacted in 2019, specifically stated that any “statement of trial readiness must be accompanied or preceded by a certification of good faith compliance with the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
Revised Retainer Agreement, Which Changed the Fee Arrangement from Hourly to a 40% Contingency, Was Not Unconscionable/the Continuing Representation Doctrine Will Not Extend the Statute of Limitations for an Action Seeking the Return of Gifts Made by a Client to Her Attorneys Where the Sole Basis for the “Continuing Representation” Is a Fee Dispute
A POLICE OFFICER INTERVIEWED AN EYEWITNESS AND CREATED A “PROBABLE CAUSE I-CARD” FOR THE ARREST OF THE DEFENDANT; THE ARRESTING OFFICER DID NOT TESTIFY AT THE SUPPRESSION HEARING; THEREFORE THE PEOPLE DID NOT PROVE THE ARRESTING OFFICER SAW AND RELIED ON THE I-CARD, WHICH THE “FELLOW OFFICER” RULE REQUIRES FOR A LAWFUL ARREST; DEFENDANT’S STATEMENT SHOULD HAVE BEEN SUPPRESSED (CT APP). ​
Plaintiff Failed to Raise a Question of Fact Concerning Whether the Driver of a Police Vehicle Exhibited “Reckless Disregard” for the Safety of Others In Responding to an Urgent Call—Defendant Police Officer Was Driving Against Traffic on a One-Way Street When the Collision Occurred
CONVICTION FOR UNLAWFUL USE OF SECRET SCIENTIFIC MATERIAL, STEMMING FROM DEFENDANT’S UPLOADING OF HIGH FREQUENCY TRADING SOURCE CODE OWNED BY GOLDMAN SACHS, AFFIRMED, SOURCE CODE HAD A PHYSICAL FORM AND WAS APPROPRIATED WITHIN THE MEANING OF THE STATUTE (CT APP).
any failure by defense counsel to move to suppress identification testimony did not rise to ineffective assistance.
DEFENDANT WAS ACQUITTED OF MURDER AFTER IMPRISONMENT FOR TWO AND A HALF YEARS; HIS FALSE ARREST AND MALICIOUS PROSECUTION ACTION WAS PROPERLY DISMISSED AT THE SUMMARY JUDGMENT STAGE; TWO-JUDGE DISSENT ARGUED CONTESTED FACTS REQUIRED A TRIAL (CT APP).
GENERAL BUSINESS LAW CAUSES OF ACTION ALLEGING DECEPTIVE PRACTICES AND FALSE ADVERTISING WERE SUFFICIENTLY ALLEGED AGAINST AN INSURER PROVIDING HEALTH INSURANCE TO NEW YORK CITY EMPLOYEES; PLAINTIFF, A RETIRED POLICE OFFICER, ALLEGED DECEPTIVE AND FALSE MARKETING BY THE INSURER INDUCED HIM TO CHOOSE THE INSURER’S PLAN (CT APP).
A LIENHOLDER NONPARTY TO AN ACTION THAT RESULTED IN A FEE AWARD TO A DEBTOR MAY SUE TO RECOVER THOSE FEES WHERE THE LIENHOLDER WAS NEITHER JOINED NOR REQUIRED TO INTERVENE IN THAT ACTION (CT APP).

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...