People v. Afshar

OPINION OF THE COURT

Rose L. Rubin, J.

The issue before the court is whether the purported filing of a certificate of readiness for trial by the prosecutor prior to the filing of the indictment constitutes readiness for trial within the meaning of CPL 30.30. The court holds that it does not.

I

Defendant, charged with the crime of criminal possession of stolen property in the fourth degree, moves, pretrial, to dis*616miss the indictment pursuant to CPL 30.30 on the ground that the People were not ready for trial within the statutory six-month period from the commencement of this action, thus depriving…