- Court
- New York Supreme Court, Appellate Division, Second Department
- Case
- People v. Guthrie
- Date
- June 3, 2026
- Slip Op. No.
- 2026 NY Slip Op 03454
Background
On March 16, 2021, defendant Tafari Guthrie was arraigned on a felony complaint arising from allegations that he entered a complainant’s hotel room without permission, punched her, choked her, and stole her purse containing $3,500 and two credit cards. The People filed an initial certificate of compliance (COC) with discovery on May 25, 2021, and an indictment followed on October 29, 2021, charging burglary in the first degree and assault in the third degree. The People filed a supplemental COC and notice of readiness on November 1, 2021.
Defendant moved under CPL 30.30 to dismiss for violation of his speedy trial rights, arguing the COC was invalid because certain materials were not disclosed. The People contended that Executive Order No. 202.87 issued during the COVID-19 pandemic tolled the speedy trial clock. Supreme Court, Queens County (Toni Cimino, J.), denied the motion, and defendant pleaded guilty to grand larceny in the fourth degree. Defendant appealed.
Holding
The Appellate Division, Second Department, affirmed the judgment. The Court held that Executive Order No. 202.87 constituted a valid toll on the speedy trial clock from the date the felony complaint was filed through the date of defendant’s arraignment on the indictment, with no requirement that the People establish necessity in each case, citing People v. Marino, 220 AD3d 887, 888, and People v. Fuentes, 216 AD3d 1178. The period from March 16, 2021 through May 23, 2021 was therefore not chargeable to the People.
As to the validity of the COC, the Court applied the standard that the People must exercise due diligence and act in good faith in their discovery obligations. The Court found the People met this standard when filing both the original COC and the supplemental COC, and that any remaining discovery obligations were satisfied with due diligence.
Takeaways
This decision addresses two critical issues in post-pandemic criminal practice. First, it confirms that the COVID-19 executive orders created an automatic toll on the CPL 30.30 speedy trial clock, not a case-by-case extension. The toll applied across the board during the specified period. Second, the decision clarifies that the due diligence and good faith standard for certificates of compliance does not require perfection in initial discovery but rather reasonable efforts to comply, with supplemental compliance acceptable where appropriate.
Why It Matters
Criminal defense attorneys and prosecutors alike should understand the continuing effect of COVID-era executive orders on speedy trial calculations. The blanket toll during the executive order period removes significant time from the People’s speedy trial clock in cases pending during that window. The COC analysis is equally important, as defendants frequently challenge discovery compliance as a basis for speedy trial dismissal. The due diligence standard, rather than strict compliance, governs the validity of the People’s readiness for trial.