People State New York v. Nicholas Passero

Judgment unanimously reversed, on the law, and indictment dismissed. Memorandum: Defendant appeals from a conviction of possession of gambling records in the first degree. There must be a reversal. Defendant had earlier been convicted of the same crime. On appeal we reversed that conviction and remanded defendant for a new trial (People v Passero, 74 A.D.2d 726). The People sought leave to appeal to the Court of Appeals, which motion was denied by that court on June 30, 1980 (People v Passero, 50 N.Y.2d 1004). Thus, for purposes of determining the right of defendant to a speedy trial, the criminal action commenced on June 30, 1980, the date on which the order occasioning the retrial became final (CPL 30.30, subd 5, par [a]). The People were required to announce their readiness for trial [96 A.D.2d 721 Page 722]