People State New York v. Frank Sinistaj

[67 N.Y.2d 236 Page 237] Opinion OF THE COURT Under this court's decisions in People v Lomax (50 N.Y.2d 351) and People v Osgood (52 N.Y.2d 37), an indictment which replaces an earlier one in the same criminal action should be related back to the original accusatory instrument for the purpose of determining the commencement of the six-month readiness period imposed by CPL 30.30 (1) (a). The question on this appeal is whether such an indictment should be related back as well for the purpose of computing excludable time under CPL 30.30 (4). We hold that it should be.