The People, Respondent,v.Eugene Francis, Appellant.BriefN.Y.November 14, 2016ANDREW W. SAYEGH ATTORNEY ATLAW Clerk of the Court New York State Court of Appeals 20 Eagle Street Albany, NY 12207 Re: People v. Eugene Frands (Assigned) APL-2016-00088 Greetings: 984 N. BROADWAY, SUITE 300 YONKERS, NEW YORK 10701 TELEPHONE 914.963.4500 FAX 914.963.6200 EMAIL A WSA YEGH@AOL.COM ADMITTED IN: NEW YORK CONNECTICUT WASHINGTON D.C. August 11, 2016 I respectfully submit the "'lj_fuin comments to supplement the record in the courts below in support of appeilant's position. The judgment should be reversed on the law and appellant's plea of guilty should be vacated as it rests on a significant jurisdictional defect. Appellant was charged in a single n.ine..,count indictment, with two separate incidents that took place two days apart, on June 29,2010 and July 1, 2010. Appellant shot Darryl Reid on June 29, 2010 in the back of the head, seriously injuring him. Two days later, on July 1, 2010, appellant broke into the home of Reid's brother, Dwan, and robbed him at gunpoint On July 19, 2010, a Felony Complaint was filed'Vvith respect to the June 291h incident and, in February 2011, a separate Felony Complaint was filed with respect to the July 1st incident. The People opted for a single indictment as to both incidents and, in April 2011, the Grand Jury returned a single nine-count indictment charging appellant with both crimes. In October 2011, appellant moved to dismiss the nine-collilt indictment on the ground that appellant had been denied his statutory right to a speedy trial pursuant to CPL 30.30. The People argued, and the trial court agreed, that for purposes ofCPL 30.30, the criminal action commenced on July 19, 2010, Following the CPL 30.30 hearing, the trial court issued a Decision and Order on January9, 2012, holding that for purposes ofCPL 30.30, the action, as the People had argt1ed, commenced on July 19,2010, and granted appellant's motion to dismiss the indictment. The Clerk entered the dismissal order that same day. On January 10, 2012, the day following the entry of the Order dismissing the indictment, when there was no action pending before the trial court, and, significantly, in the absence of any motion by the People to re-argue the trial comt's January 9, 2012 Pecision and Order, the trial court, sua sponte, with no action pending before it, issued an "Amended Decision and cc.: