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PEOPLE v. COOPER

98 N.Y.2d 541 (2002)

779 N.E.2d 1006

750 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNETTE COOPER, Appellant.

Court of Appeals of the State of New York.

Decided October 10, 2002.

Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, Brooklyn (Susan Epstein and Andrew C. Fine of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Seth M. Lieberman and Leonard Joblove of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

After a bench trial, defendant was convicted of attempted assault in the third degree and attempted criminal possession of a weapon in the fourth degree, both class B misdemeanors. On appeal, defendant contends the charges should have been dismissed as untimely under CPL 30.30. We disagree.

Defendant was initially arraigned on a complaint charging five felonies and four class A misdemeanors. On the People's motion...

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