The New York Appellate Division recently ruled on a significant case regarding the calculation of trial readiness time under the state's Criminal Procedure Law. In the case of People ex rel. Liles v. Richards, the court addressed whether a defendant's time in custody should count towards the 90-day limit for the prosecution to be ready for trial. This decision affects defendants who are incarcerated and their rights to a speedy trial.
The case centers around Steven Blanc, who was charged with multiple weapon-related offenses. His legal representative argued that Blanc was unlawfully detained because the prosecution failed to be ready for trial within the required timeframe. This ruling is crucial as it clarifies how courts should interpret the law regarding speedy trials.
Background of the Action
In the case, Steven Blanc was initially committed to the custody of the sheriff on August 20, 2024, following his arraignment on felony charges. At that time, bail was set at $30,000 cash or a combination of bonds totaling $140,000. After 20 days, Blanc was released when his girlfriend posted a partially secured bond.
However, complications arose when his girlfriend withdrew as the surety, leading to Blanc's recommitment to custody on October 11, 2024. The prosecution was required to file a certificate of compliance and a statement of readiness by December 10, 2024. They failed to do so, leading to Blanc's legal team filing a motion to dismiss the indictment based on a violation of his right to a speedy trial.
On November 14, 2025, the Supreme Court determined that the prosecution was only responsible for 117 days of delay, which led to further legal arguments about the interpretation of the 90-day rule under CPL 30.30(2)(a). The case eventually reached the Appellate Division after the Supreme Court denied Blanc's application for release.
The Ruling
The Appellate Division, led by Justice Colleen D. Duffy, ruled on September 2, 2026, that the time a defendant spends out of custody on bail does not count towards the 90-day trial readiness requirement. The court stated, "the calculable time within which the People must be ready for trial under CPL 30.30(2)(a) is only the actual period or periods of time that the defendant spent incarcerated."
This ruling clarified that the clock for the prosecution to be ready for trial does not continue to run when a defendant is released on bail. The court emphasized that the purpose of CPL 30.30(2)(a) is to prevent excessive pretrial incarceration, and therefore, only the time spent in custody counts towards the 90-day limit.
Impact
This decision has significant implications for defendants in New York. It establishes a clear guideline that the time a defendant is out on bail does not affect the prosecution's obligation to be ready for trial. This ruling ensures that defendants who are incarcerated are protected from prolonged detention without trial.
The court's interpretation also reinforces the legislative intent behind CPL 30.30, which aims to expedite the trial process for those in custody. By clarifying that the 90-day period only applies to the time a defendant is actually incarcerated, the ruling helps to streamline the legal process and uphold the rights of defendants.
What's Next
While the court's ruling in Liles v. Richards is final in this instance, it may set a precedent for future cases involving similar issues related to speedy trial rights in New York. The decision can potentially be appealed to a higher court, but details on any pending related cases were not available in the court filing.