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People v. Powell

179 Misc. 2d 1047 Court Supreme Court, Appellate Term, Second Department, Decision date 1999-03-16 English

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p. 1047
[690 NYS2d 826]
The People of the State of New York, Appellant, v Devin Powell, Respondent.
Supreme Court, Appellate Term, Second Department,
March 16, 1999
APPEARANCES OF COUNSEL
Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Leonard Joblove of counsel), for appellant. Legal Aid Society, New York City (M. Sue Wycoff, Daniel L. Greenberg and Sara Bennett of counsel), for respondent.
p. 1048
OPINION OF THE COURT

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.

Statutes and regulations cited