Judge William Ford
Galasso, charged with endangering the welfare of a child, moved to dismiss on speedy trial grounds. The criminal action was commenced on Aug. 11, 2011, Galasso was arraigned and prosecutors announced their readiness on the record. Galasso’s motion to dismiss the charge as facially and jurisdictionally defective was granted. Prosecutors re-filed an information charging the same offense, and filed a Kendzia notice. Any statement of readiness filed by prosecutors in the prior action was illusory as they could not declare themselves ready until there was a sufficient accusatory instrument. The court rejected prosecutors’ argument they tolled the Criminal Procedure Law §30.30 time by filing the Kendzia notice. It stated in order for prosecutors to make an effective statement of readiness via the notice procedure, the Kendzia court required a written notice of readiness be sent to both defense counsel and court clerk. Thus, as prosecutors served Galasso on the second docket, instead of counsel, service was improper. Hence, the statutory speedy trial time was not tolled by the service of the Kendzia notice. As prosecutors were charged with 151 days, they exceeded their statutory speedy trial mandate, and Galasso’s motion to dismiss was granted.
