The Clock On Your Case
Crim. Proc. Law § 30.30 — the people ready for trial within six months on a felony
New York's clock runs against the prosecution's readiness, not the trial date. A motion to dismiss is granted where the people are not ready for trial within these periods from the commencement of the criminal action, subject to the exclusions in the section.
| The most serious charge | The people ready within |
|---|---|
| The most serious chargeAt least one felony | The people ready withinsix months |
| The most serious chargeA misdemeanor punishable by more than three months, no felony | The people ready withinninety days |
| The most serious chargeA misdemeanor punishable by not more than three months | The people ready withinsixty days |
| The most serious chargeOnly a violation, no crime | The people ready withinthirty days |
In custody, a shorter clock to release. A defendant committed to the sheriff's custody is released on bail or recognizance if the people are not ready within ninety days on a felony, thirty days on the higher misdemeanor, fifteen days on the lower misdemeanor, and five days on a violation.
Traffic infractions count. For this subdivision an offense includes vehicle and traffic law infractions.
The constitutional right to a speedy trial runs alongside the statute and is decided on different terms; court rules, and the interstate agreement on detainers for charges in another state, are not on this page. Counting the days in a particular case, and what tolls them, is a question for a licensed New York attorney.
Sources for this section (1)
- CPL § 30.30 — Speedy trial; time limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.