People v. Fischer

OPINION OF THE COURT

Roger S. Hayes, J.

This case presents the questions (1) whether a warrant *259which is issued, and then, at the request of defense counsel stayed, stops the running of the People’s time to be ready for trial under CPL 30.30, and (2) what constitutes "due diligence” under CPL 30.30 (4) (c) when the defendant is charged with a class B misdemeanor.

I

The defendant is charged with violating Vehicle and Traffic Law § 600 (2) (a) — leaving the scene of an incident without reporting, a class B misdemeanor. The defendant has moved under CPL 170.30 (1) (e) and 30.30 to dismiss the…