The People &c. v. Carlos Galindo

Summary

The New York Court of Appeals held that the 2019 amendment to CPL 30.30, which includes traffic infractions within the term “offense” for specified speedy-trial purposes, applies prospectively to criminal actions commenced on or after its effective date. Because the defendant’s action began before the amendment took effect, the court reversed the Appellate Term’s order insofar as appealed from and remitted the case for consideration of the remaining appellate issues.

Holdings

1. CPL 30.30 (1) (e) means what it says: vehicle and traffic law infractions are offenses for purposes of CPL 30.30 (1), and traffic infractions jointly charged with a higher-grade offense fall within the statutory speedy-trial framework.
2. CPL 30.30 (1) (e) applies prospectively only and does not govern a criminal action commenced before the amendment's effective date, even if the defendant's direct appeal was pending when the amendment took effect.

Questions Presented

1. Whether CPL 30.30 (1) (e), which includes vehicle and traffic law infractions within the term offense for purposes of the statutory speedy-trial provisions, applies to a criminal action commenced before the amendment's effective date when the defendant's direct appeal was pending.
2. Whether the amended CPL 30.30 (1) (e) must be given effect according to its text, including when traffic infractions are jointly charged with a felony, misdemeanor, or violation.

Disposition

reversed_and_remanded