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People v. Stiles

Court of Appeals of the State of New York
Oct 8, 1987
70 N.Y.2d 765 (N.Y. 1987)

Summary

In People v. Stiles, 70 N.Y.2d 765 (1987), the Court was faced with the issue of whether the first day of the statutory period under CPL § 30.30 should be included or excluded in computing speedy trial time calculations.

Summary of this case from People v. McLean

Opinion

Argued September 2, 1987

Decided October 8, 1987

Appeal from the Supreme Court in the First Judicial Department, Max Sayah, J.

Lloyd Epstein and Judith H. Weil for appellant.

Robert M. Morgenthau, District Attorney (Colleen E. Cain and Mark Dwyer of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Term should be affirmed.

The Appellate Term correctly excluded the first day of the statutory period in determining whether dismissal is required under CPL 30.30. That statute provides that the People must be ready for trial within fixed periods of time from the "commencement of a criminal action" (CPL 30.30; see also, CPL 30.30). Although the statute specifies the event which begins the running of the statutory period, it does not indicate whether the first day is to be included or excluded in making the computation. It was therefore appropriate for the court below to apply General Construction Law § 20 which states: "In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning."

This construction is also consistent with prior decisions of this court where, although not in issue, this first-day exclusion has been the accepted practice in making the computations required by the very statute at issue, CPL 30.30 (see, e.g., People v Anderson, 66 N.Y.2d 529; People v Sturgis, 38 N.Y.2d 625).

In People ex rel. Neufeld v McMickens ( 70 N.Y.2d 763 [decided herewith]) we have reached a different result because, as the late Justice Gibbons noted in his dissent at the Appellate Division in that case, the statute at issue there (CPL 170.70) "does not refer to measurement from a specified day or event; it refers to the period of actual custody" ( 117 A.D.2d 243, 250). Thus in that case the court erred in excluding the first day of custody from computation of the applicable period.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed in a memorandum.


Summaries of

People v. Stiles

Court of Appeals of the State of New York
Oct 8, 1987
70 N.Y.2d 765 (N.Y. 1987)

In People v. Stiles, 70 N.Y.2d 765 (1987), the Court was faced with the issue of whether the first day of the statutory period under CPL § 30.30 should be included or excluded in computing speedy trial time calculations.

Summary of this case from People v. McLean

applying Gen. Constr. L. § 25-a to C.P.L. § 30.30

Summary of this case from People v. Lewis

excluding the first day in making CPL § 30.30 computations

Summary of this case from People v. Samuel

In People v. Stiles (70 N.Y.2d 765), the Court of Appeals applied General Construction Law § 20 to exclude the day of arraignment in computing CPL 30.30 time.

Summary of this case from People v. Powell

In People v. Stiles, 70 N.Y.2d 765, 520 N.Y.S.2d 745, 514 N.E.2d 1368 (1987), the Court of Appeals applied General Construction Law § 20 to exclude the day of arraignment in computing CPL 30.30 time.

Summary of this case from People v. Powell
Case details for

People v. Stiles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY STILES…

Court:Court of Appeals of the State of New York

Date published: Oct 8, 1987

Citations

70 N.Y.2d 765 (N.Y. 1987)
520 N.Y.S.2d 745
514 N.E.2d 1368

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