SUBDIVISION 6 OF CRIMINAL PROCEDURE LAW (CPL) SECTION 30.30 (THE SPEEDY TRIAL STATUTE), ENACTED IN 2020, APPLIES TO APPEALS PENDING AT THE TIME OF ENACTMENT; SUBIVISION 6 PROVIDES THAT SPEEDY TRIAL CLAIMS ARE REVIEWABLE ON APPEAL WHETHER THE CONVICTION IS BY TRIAL OR GUILTY PLEA (CT APP).

The Court of Appeals, reversing the Appellate Term, in a full-fledged opinion by Judge Rivera, over a three-judge dissent, determined subdivision 6 of the speedy trial statute (CPL 30.30 (6)), enacted in 2020, applies to appeals which were pending at the time of enactment:

Defendant asserts that CPL 30.30 (6), which provides that speedy trial claims “shall be reviewable upon an appeal,” including from a conviction based on a guilty plea, applies to appeals pending as of its effective date. We conclude that the plain text of CPL 30.30 (6) expands appellate review of speedy trial claims to all cases, without reservation, regardless of whether the appeal arose from a judgment of conviction entered prior to when the statute took effect. * * *

CPL 30.30 (6) unambiguously and unconditionally applies to all criminal appeals challenging an underlying order finally denying a motion to dismiss based on speedy trial grounds, regardless of whether the conviction arose from a guilty plea or a trial verdict. Appellate review of speedy trial errors alleged in pending appeals advances … salutary policy objectives … by ensuring errors in the timely adjudication of criminal matters are corrected not only for the affected individual defendant, but throughout our State’s criminal legal system. As we have emphasized, statutory amendments that are “procedural and remedial in nature . . . should be liberally construed to spread [their] beneficial effects as widely as possible” … . People v Nantan, 2026 NY Slip Op 06379, CtApp 10-27-26

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