MATTER OF VELOZ v. Rothwax

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, without costs, and the petition dismissed.

CPL 255.20 (1) prescribes a minimum, fixed time period of 45 days in which a defendant may make pretrial motions. This provision carefully balances considerations of judicial economy (People v Lawrence, 64 NY2d 200, 204-205) with defendant’s need for adequate time in which to prepare and make pretrial motions. A trial court may not, sua sponte, alter this statutory time period (People v Douglass, 60 NY2d 194, 205). Thus, we agree with the Appellate Division that…