People v. Boykin

OPINION OF THE COURT

Frederic S. Berman, J.

The defendant is charged with the crime of criminal sale of a controlled substance in the third degree. This is a motion to dismiss the indictment upon the ground that the defendant has been denied his right to a speedy trial. (CPL 170.30, subd 1, par [d]; 210.20, subd 1, par [g].)

The issue is, where a felony complaint is dismissed in the Criminal Court, and subsequently an indictment is filed with the Supreme Court, does the speedy trial limiting period (CPL 30.30) commence with the filing of the felony complaint or *382with the filing of the indictment?…