People v. McLean

OPINION OF THE COURT

Charles J. Heffernan, Jr., J.

This case presents a question of seeming first impression within the context of a motion to dismiss the information on the ground that defendant has been denied his statutory right to a speedy trial under CPL 30.30 (1) (c). The question is this: *466where the People initiate a prosecution with the filing of a class B misdemeanor, subsequently replace it with a class A misdemeanor, and still later reduce the top count to a class B misdemeanor, restoring it to the charge leyel at which the prosecution began, is the operative speedy trial period the…