People v. Richard

OPINION OF THE COURT

John H. Wilson, J.

This case presents two separate but related issues. First, must a child witness be presented to a court for a competency examination pursuant to CPL 60.20 (2) before the People may serve the supporting deposition of the child, and declare their readiness for trial? Second, must the People be charged with the time under CPL 30.30 until the court has had the opportunity to determine whether the child witness is competent to verify the criminal court complaint?

By motion dated May 19, 2011, defendant seeks dismissal of the criminal court complaint pursuant to…