People v. Collins, 624 N.E.2d 139 (N.Y. 1993). · Go Syfert
People v. Collins, 624 N.E.2d 139 (N.Y. 1993). Cases Citing This Book View Copy Cite
90 citation events (63 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Cited for
82 N.Y.2d at 181 Determining when court delays excuse readiness for trial19 citing cases“generally refers to delay attributable to responding to and deciding motions actually made.”2 citing courts quote it · 15 listed here
  • People v. Carranza, 2025 NY Slip Op 51691(U) (N.Y. Crim. Ct., Richmond 2025).unpublished
    The excludable period for pre-trial motions under CPL 30.30(4)(a) "generally refers to delays attributable to responding to and deciding motions actually made." People v Collins , 82 NY2d 177, 181 (1993).
  • People v. Mendez, 2024 NY Slip Op 51634(U) (N.Y. Crim. Ct. 2024).unpublished 2 cites
    While court congestion may prevent a trial, in no sense does it operate to prevent the District Attorney from being ready"]; People v Collins , 82 NY2d 177, 181 [1993]; People v Correa , 77 NY2d 930, 931 [1991]).
  • People v. Simonelli, 2024 NY Slip Op 50810(U) (Kings Criminal Ct. 2024).unpublished 2 cites
    To the contrary, when this Court reached its decision in granting defendant's motion to dismiss it relied on Thomas along with People v Collins , 82 NY2d 177, 181 (1993) as well as People v M.V . 79 Misc 3d 448 (Crim.
  • People v. Bish, 227 A.D.3d 1408 (N.Y. App. Div. 4th Dep't 2024).published
    Thus, the entire period is chargeable to the People ( see People v Collins , 82 NY2d 177, 181-182 [1993]; Reid , 214 AD2d at 397 ; see also People ex rel.
  • People v. Patrick Labate, 242 N.E.3d 1152 (N.Y. 2024).published 2 cites
    Additionally, in our decision in People v Collins, although the People argued that they had requested an adjournment of only five days, the record only reflected a request for an indefinite adjournment, with no objection when the court adj…
  • People v. Thomas (Ranja), No. 2018 NYSlipOp 28094 (N.Y. App. Term. Mar. 28, 2018).published
    Thus, on November 21, 2014, no motion was actually made ( see People v Collins , 82 NY2d 177, 181 [1993]; compare People v Brown , 99 NY2d 488 [2003] [excludable delay when defendant announced intention to file motion in open court and cou…
  • People v. Smith, 110 A.D.3d 1141 (N.Y. App. Div. 3d Dep't 2013).published 4 cites
    As the People failed to meet their burden of proving that the disputed 112-day period was not chargeable to them (see People v Collins, 82 NY2d at 181-182; People v Seamans, 85 AD3d at 1400 ; People v Wiggins, 197 AD2d 802, 804 [1993]; Peo…
  • People v. Rios, 29 Misc. 3d 1114 (N.Y. City Crim. Ct. 2010).published
    In People v Collins ( 82 NY2d 177, 181 [1993]), the Court of Appeals observed that the exclusion for pretrial motions “generally refers to delays attributable to responding to and deciding motions actually made.” Thus in Collins no exclusi…
  • People v. Williams, 19 Misc. 3d 675 (N.Y. City Crim. Ct. 2008).published
    That the date was chosen “for scheduling convenience purposes . . . afford[s] the People no excuse for failing to announce readiness for trial” (People v Collins, 82 NY2d 177, 181 [1993]).
  • People v. Nunez, 47 A.D.3d 545 (N.Y. App. Div. 1st Dep't 2008).published
    The motion court properly included the time between April 17 and May 2, because the People’s request for the April 17 date was rendered equivocal by their suggestion of the May 2 date (see People v Collins, 82 NY2d 177, 181-182 [1993]).
Show 5 more citing cases
  • People v. Reed, 19 A.D.3d 312 (N.Y. App. Div. 1st Dep't 2005).published
    CPL 30.30 (4) (a) applies to all pretrial motions concerning the defendant, not just defense motions (People v Batts, 227 AD2d 224 [1996] , lv denied 88 NY2d 964 [1996]; People v Sivano, 174 Misc 2d 427 [App Term, 2d Dept 1997], lv denied…
  • People v. Andrews, 306 A.D.2d 166 (N.Y. App. Div. 1st Dep't 2003).published
    Although the matter was inexplicably adjourned by the court on June 26 to October 30, 2001, there was nothing about the adjournment that would have excused the People from filing a certificate of readiness (see People v Collins, 82 NY2d 17…
  • People v. Rowe, 227 A.D.2d 212 (N.Y. App. Div. 1st Dep't 1996).published
    (record devoid of any suggestion that the adjournment was made for the purpose of defense motions or even of setting a motion schedule)
  • People v. Goss, 214 A.D.2d 1007 (N.Y. App. Div. 4th Dep't 1995).published
    That is the rule when the People seek exclusion of a period prior to a declaration of readiness (see, People v Collins, supra, at 181; People v Smith, supra, at 678 ; see also, People v Cortes, 80 NY2d 201, 216 ).
  • People v. Simonelli, 2024 NY Slip Op 50809(U) (Kings Criminal Ct. 2024).unpublished 2 cites
    See People v Collins , 82 NY2d 177, 181 (1993) holding that the carveout for pretrial motions under CPL30.30 (4) (a) "generally refers to delay attributable to responding to and deciding motions actually made." People v Thomas , 59 Misc 3d…
82 N.Y.2d at 182 objection. Moreover, in none of the People’s oral or written responses in opposition to defendant’s motion is there an unequivocal statement by someone with…2 citing casesopening of page *182 (no citing court says what it cites this page for)
  • People v. Session, 206 A.D.3d 1678 (N.Y. App. Div. 4th Dep't 2022).published
    Nor did the People's submission in opposition contain "an unequivocal statement by someone with firsthand knowledge" that defendant refused to appear for that arraignment ( People v Collins , 82 NY2d 177, 182 [1993]).
  • People v. Clark, 152 A.D.3d 618 (N.Y. App. Div. 2d Dep't 2017).published
    “It is the People’s burden to ensure that the record of the proceedings is sufficiently clear to enable the court to make an informed decision on a speedy trial motion” (People v Robbins, 223 AD2d 735, 737 [1996]; see People v Collins, 82…
Other citing cases4 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Jeffrey Collins, Appellant
New York Court of Appeals.
Nov 11, 1993.
Published opinion
624 N.E.2d 139
1993 N.Y. LEXIS 3890
POINTS OF COUNSEL, Jonathan P. Willmott, New York City, and Philip L. Weinstein for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Mary C. Farrington and Hilary Hassler of counsel), for respondent.
Levine.
Cited by 56 opinions  |  Published

[*180] OPINION OF THE COURT

Levine, J.

On defendant’s motion for dismissal of the indictment on statutory ready trial grounds, the People conceded that they were chargeable with 165 days of the six-month period (in this case 183 days) from the inception of the criminal action against him, within which they were required to be ready for trial, exclusive of any period of time for which they were not responsible (CPL 30.30 [1] [a]). The People’s responsibility for one period of prereadiness delay and one period of postreadiness delay are at issue on this appeal. The Appellate Division held that the period of prereadiness delay in issue was not chargeable to the People, that the period of postreadiness delay in dispute should be charged to the People, and concluded that defendant was not denied his statutory right to a speedy trial (189 AD2d 564). A Judge of this Court granted defendant leave to appeal, and we now reverse, concluding that the People were not ready for trial within the statutorily prescribed period of time.

The first period in dispute is the six days between October 5, 1989, when defendant was arraigned, and October 11, 1989, the date to which defendant’s case was adjourned for purposes of transfer to an Individual Assignment System (IAS) Part of Supreme Court, New York County, for all further proceedings, as required by the Uniform Rules for Trial Courts (22 NYCRR 200.11 [b], [c]), and also "to join defendant’s other [pending] case”. The Appellate Division erred in excluding that period. The People do not contend that the adjournment to an IAS Part was joined in or consented to by defendant. They argue, however, that the period was excludable because: (1) court rules mandated the transfer to an IAS Part and, thus, the adjournment was an unavoidable administrative step outside of the People’s control; (2) the rules further mandated that all motion practice was to take place before the IAS Judge; hence, the adjournment was a necessary antecedent to defendant’s making pretrial motions and thus excludable under CPL 30.30 (4) (a) as a period of delay attributable to pretrial motions; and (3) insofar as the adjournment was also for the purposes of joining before the same IAS Part the instant case with another case pending against defendant, it was also statutorily excludable as a delay "resulting from other proceedings concerning the defendant” (CPL 30.30 [4] [a]).

None of the foregoing grounds for excluding the six-day[*181] period following defendant’s arraignment is persuasive. A delay occasioned by a rule-mandated transfer from an Arraignment Part to an IAS Part is not covered by any of the express statutory exclusions set forth in CPL 30.30. Moreover, the rules merely mandate the assignment of the case to an IAS Part, not any given period of adjournment for such purposes. Thus, the six-day adjournment in this case for transfer to an IAS Part was merely another instance of a delay occasioned by court scheduling which, as we have previously held, does not excuse the People from filing a certificate of readiness (see, People v Smith, 82 NY2d 676, 678).

As to the People’s argument that the adjournment was excludable as a delay "resulting from * * * pre-trial motions” (CPL 30.30 [4] [a]), the record is entirely devoid of any suggestion that the adjournment was made for the purpose of defense motions or even for the purpose of setting up a motion schedule. To accept the People’s argument that the adjournment was an excludable motion-related delay because transfer to an IAS Part was a condition precedent to any defense motion which might later be made falls outside of a fair reading of the statutory language, which generally refers to delays attributable to responding to and deciding motions actually made (see, People v O’Connell, 133 AD2d 970, 971; see also, People v Torres, 60 NY2d 119, 127-128).

The record is likewise barren of any showing that the six-day adjournment was somehow justified by the pendency of the other case against defendant (cf., People v Dean, 45 NY2d 651). Without more support in the record, the adjournment (without defendant’s consent) to "join” defendant’s other pending case seems again to be for scheduling convenience purposes, affording the People no excuse for failing to announce readiness for trial (People v Smith, supra).

The second period in dispute was the 14 days’ adjournment between February 7, 1990 and February 21, 1990. The prosecution contended before Supreme Court that only the first five days of this period should be chargeable to the People, in that only a five-day adjournment had been sought on February 7, due to a death in the family of the trial assistant assigned to the case. However, the minutes of defendant’s appearance on February 7 merely reveal a request by another trial assistant for an indefinite adjournment, without any response when the trial court twice stated that defendant’s case was adjourned to February 21, over defendant’s[*182] objection. Moreover, in none of the People’s oral or written responses in opposition to defendant’s motion is there an unequivocal statement by someone with firsthand knowledge that the People’s request for a continuance actually addressed to the court was only for a five-day adjournment. Under these circumstances, the People clearly failed to meet their burden of making a record to reflect the true basis for this two-week adjournment and, hence, the Appellate Division properly charged the entire delay to the People (see, People v Cortes, 80 NY2d 201, 215-216; People v Liotta, 79 NY2d 841, 843).

It follows from the foregoing that the 20 days at issue here were entirely chargeable to the People which, with the conceded 165-day delay prior to arraignment, exceeded the statutory speedy trial period.

The order of the Appellate Division should be reversed, defendant’s conviction vacated and the indictment dismissed.

Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith concur.

Order reversed, etc.