People v. Powell

Appellate Terms of the Supreme Court of New York

People v. Powell

179 Misc. 2d 1047, 690 N.Y.S.2d 826, 1999 N.Y. Misc. LEXIS 384

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 16, 1999

StatusPublished

Cited by8 cases

This text of 179 Misc. 2d 1047 (People v. Powell) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Powell, 179 Misc. 2d 1047, 690 N.Y.S.2d 826, 1999 N.Y. Misc. LEXIS 384 (N.Y. Ct. App. 1999).

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Opinion

[1048]*1048OPINION OF THE COURT

Memorandum.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to the court below for all further proceedings.

The People in the case at bar announced their readiness on the 91st day after commencement of the action as the 90th day fell on a Sunday (see, CPL 30.30 [1] [b]; 1.20 [17]). The court, in dismissing the accusatory instrument, held that the provisions of General Construction Law § 25-a (1) are not applicable to CPL 30.30. Section 25-a (1) of the General Construction Law provides that it is applicable when any period of time ends on a Saturday, Sunday or holiday. The General Construction Law should be read into every statute subsequently enacted, unless the wording of said statute plainly expresses a contrary intent (see, 97 NY Jur 2d, Statutes, § 99). Since CPL 30.30 does not express a contrary intent, the provisions of said section of the General Construction Law are applicable and the People’s time to announce their readiness was extended to the next business day (see, People v Velasquez, NYLJ, Jan. 17, 1997, at 30, col 4 [Crim Ct, Kings County]).

Kassoff, P. J., Chetta and Patterson, JJ., concur.

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[1048]*1048OPINION OF THE COURT

Memorandum.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to the court below for all further proceedings.

The People in the case at bar announced their readiness on the 91st day after commencement of the action as the 90th day fell on a Sunday (see, CPL 30.30 [1] [b]; 1.20 [17]). The court, in dismissing the accusatory instrument, held that the provisions of General Construction Law § 25-a (1) are not applicable to CPL 30.30. Section 25-a (1) of the General Construction Law provides that it is applicable when any period of time ends on a Saturday, Sunday or holiday. The General Construction Law should be read into every statute subsequently enacted, unless the wording of said statute plainly expresses a contrary intent (see, 97 NY Jur 2d, Statutes, § 99). Since CPL 30.30 does not express a contrary intent, the provisions of said section of the General Construction Law are applicable and the People’s time to announce their readiness was extended to the next business day (see, People v Velasquez, NYLJ, Jan. 17, 1997, at 30, col 4 [Crim Ct, Kings County]).

Kassoff, P. J., Chetta and Patterson, JJ., concur.

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Bluebook (online)

179 Misc. 2d 1047, 690 N.Y.S.2d 826, 1999 N.Y. Misc. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-powell-nyappterm-1999.

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