DECISION AND ORDER The defendant is charged with Robbery in the First Degree (PL §160.15[4]]), and other related charges listed in the indictment. The defendant moves for an order invalidating the People’s Certificate of Compliance and dismissing the indictment pursuant to CPL §30.30 and §210.20. The People filed opposition papers on February 14, 2022. Upon due consideration of the defendant’s moving papers, the People’s opposition, and the court record, the motion to dismiss pursuant to CPL §30.30 is granted. The court need not reach the issue of the validity of the Certificate of Compliance. An indictment must be dismissed on speedy trial grounds where the People are not ready for trial within six months of commencement of the criminal action (CPL §30.30 [1][a]; People v. Chavis, 91 NY2d 500, 504-505 [1998]), which in this case amounts to 181 days. If a defendant sufficiently alleges that the People failed to declare their readiness to proceed to trial within the statutorily-prescribed time period, the People bear the burden of demonstrating their entitlement to statutory periods of exclusions (People v. Brown, 28 NY3d 392 [2016]). January 27, 2021 — November 22, 2021 (182 Days Charged) Defendant was arrested and arraigned on a felony complaint on January 27, 2021. An indictment was filed on October 29, 2021. The case appeared for the first time in Supreme Court on November 22, 2021 for arraignment on the indictment. Executive Order 202.87 suspended CPL §§30.30 and 190.80 of the Criminal Procedure Law to the extent necessary to toll any time periods contained therein for the period during which the criminal action is proceeding on the basis of a felony complaint through arraignment on the indictment.1 Executive Order 202.106 rescinded that tolling period as of May 24, 2021. Therefore, the speedy trial clock resumed on May 24, 2021 The People filed a Certificate of Compliance through the Electronic Document Delivery System (EDDS) on November 20, 2021, which was a Saturday. As defense counsel correctly points out — and the People fail to address in their opposition — EDDS is simply a delivery system. Submitting a document through the EDDS system does not constitute filing. It is more akin to presenting the document for filing, after which the filing is either approved or rejected by a court clerk2. As the EDDS submission occurred on a Saturday and therefore could not have been approved until the following Monday, the effective date of filing was November 22, 20213. Therefore, the People are charged from May 24, 2021 to November 22, 2021 for a total of 182 days. November 22, 2021 — January 28, 2022 (0 Days Charged) On November 22, 2021 the defendant was arraigned in Supreme Court, and the case was adjourned to January 28, 2022 for a final conference. Assuming the validity of the Certificate of Compliance, no time is charged. January 28, 2022 — February 23, 2022 (0 Days Charged) On January 28, 2022, defense counsel filed the instant motion and the case was adjourned to February 23, 2022 for pre-hearings and trial conference. No time is charged (CPL §30.30[4][a]). Accordingly, it is hereby: ORDERED, that as the People are charged with 182 days, and they had 181 days to be ready, the defendant’s motion to dismiss the indictment pursuant to CPL §30.30 is granted. This case is next scheduled for February 23, 2022 in Part 35. The foregoing constitutes the decision and order of the court. Dated: February 18, 2022
