Judge Jane Tully

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Carrenard was arraigned and charged with, among other things,aggravated unlicensed of a motor vehicle, and moved for dismissal on speedy trial grounds. He argued prosecutors served grand jury notice, but never filed an indictment, nor withdrawn their CPL §170.20 notice, thus, all the time since his arraignment was chargeable to prosecutors as they could not have been ready, and their readiness statement was illusory. CPL §170.20 mandates adjournment for grand jury action once notice was given of prosecutors’ motion to present the case to the grand jury, and the court did not have discretion to adjourn for any other purpose. Thus, during such pendency of a §170.20 application, all §30.30 time was chargeable to prosecutors absent any exclusions. The court found prosecutors could not validly be ready for trial and simultaneously move to present the case to a grand jury, concluding their Sept. 13, 2016 statement of readiness was invalid. The court concluded prosecutors were charged with 143 days of speedy trial time, thus, exceeded their time to be trial ready on the misdemeanor charges. Therefore, Carrenaud’s motion to dismiss the aggravated unlicensed operation of a motor vehicle charges was granted.