People v. Armstrong

OPINION OF THE COURT

Order entered July 2, 1992 reversed, on the law and on the facts, motion denied, superseding information reinstated, and the matter remanded for further proceedings.

Properly applying the rule of People v Sinistaj (67 NY2d 236) that an accusatory instrument which replaces an earlier one in the same criminal action is related back to the original accusatory instrument for purposes of determining the commencement of the statutory readiness period and calculating the time to be excluded from the statutory limitation, Criminal Court determined that only 89 days were chargeable…