People v. McKiver

OPINION OF THE COURT

Memorandum.

Order reversed, on the law, accusatory instrument reinstated and matter remitted to the Criminal Court for all further proceedings.

Defendant was charged in an accusatory instrument with assault in the third degree (Penal Law § 120.00 [1]), endangering the welfare of a child (Penal Law § 260.10 [1]), attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]). On March 13, 2008 the Criminal Court sua sponte dismissed the accusatory instrument based on speedy trial grounds (see CPL 30.30 [1]…