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People v. Powell

Supreme Court, Appellate Term, Second Department
Mar 16, 1999
179 Misc. 2d 1047 (N.Y. App. Term 1999)

Summary

In People v. Powell (179 Misc 2d 1047, 1048 [App Term, 2d Dept 1999]), the court ruled that where the 90th day falls on a Sunday, the prosecution has until the next business day to announce trial readiness.

Summary of this case from In Matter of Douglas

Opinion

March 16, 1999

Appeal from the Criminal Court of the City of New York, Kings County (Charles A. Posner, J.).

Charles J. Hynes, District Attorney of Kings County, Brooklyn ( Roseann B. MacKechnie and Leonard Joblove of counsel), for appellant.

Legal Aid Society, New York City ( M. Sue Wycoff, Daniel L. Greenberg and Sara Bennett of counsel), for respondent.


MEMORANDUM.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to the court below for all further proceedings.

The People in the case at bar announced their readiness on the 91st day after commencement of the action as the 90th day fell on a Sunday ( see, CPL 30.30 [b]; 1.20 Crim. Proc. [17]). The court, in dismissing the accusatory instrument, held that the provisions of General Construction Law § 25-a Gen. Constr. (1) are not applicable to CPL 30.30. Section 25-a Gen. Constr. (1) of the General Construction Law provides that it is applicable when any period of time ends on a Saturday, Sunday or holiday. The General Construction Law should be read into every statute subsequently enacted, unless the wording of said statute plainly expresses a contrary intent ( see, 97 N.Y. Jur 2d, Statutes, § 99). Since CPL 30.30 does not express a contrary intent, the provisions of said section of the General Construction Law are applicable and the People's time to announce their readiness was extended to the next business day ( see, People v. Velasquez, NYLJ, Jan. 17, 1997, at 30, col 4 [Crim Ct, Kings County]).

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.


Summaries of

People v. Powell

Supreme Court, Appellate Term, Second Department
Mar 16, 1999
179 Misc. 2d 1047 (N.Y. App. Term 1999)

In People v. Powell (179 Misc 2d 1047, 1048 [App Term, 2d Dept 1999]), the court ruled that where the 90th day falls on a Sunday, the prosecution has until the next business day to announce trial readiness.

Summary of this case from In Matter of Douglas

In People v Powell (179 Misc 2d 1047, 1048 [App Term, 2d Dept 1999]), the court ruled that where the 90th day falls on a Sunday, the prosecution has until the next business day to announce trial readiness.

Summary of this case from MATTER OF DOUGLAS

In People v. Powell, 179 Misc.2d 1047, 1048 (App. Term 2nd Dept. 1999), the Court ruled that where the ninetieth (90th) day falls on a Sunday, the prosecution has until the next business day to announce trial readiness.

Summary of this case from In the Matter of Douglas
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DEVIN POWELL, Respondent

Court:Supreme Court, Appellate Term, Second Department

Date published: Mar 16, 1999

Citations

179 Misc. 2d 1047 (N.Y. App. Term 1999)
690 N.Y.S.2d 826

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