Daily Coronavirus Update: Gov. Extends Tolling of All Statute of Limitations, NYC Grand Juries Resume in August

Daily Coronavirus Update: Gov. Extends Tolling of All Statute of Limitations, NYC Grand Juries Resume in August

7.7.2020

By Christian Nolan

Good evening Members,

Gov. Andrew Cuomo has extended for another 30 days his executive order that temporarily tolls all statutes of limitations during the coronavirus public health crisis.

The latest order extends through Aug. 5.

Cuomo’s order tolls “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state…”

In March, the New York State Bar Association urged the governor to act on what was then a bill proposing such an order.

Cuomo’s latest order, however, ends the suspension of Criminal Procedure Law “to the extent it requires a personal appearance of the defendant, and there is consent, in any jurisdiction where the court has been authorized to commence in-person appearances by the chief administrative judge; provided further that the suspension or modification of the following provisions of law are continued.”

The order then lists the following provisions:

• Section 150.40 of the Criminal Procedure Law is modified to provide that the 20-day timeframe for the return date for a desk appearance ticket is extended to 90 days from receiving the appearance ticket.
• Section 190.80 of the Criminal Procedure Law is modified to provide that the 45-day time limit to present a matter to the grand jury following a preliminary hearing or waiver continues to be suspended and is tolled for an additional 30 days.
• Section 30.30 of the Criminal Procedure Law is modified to require that speedy trial time limitations remain suspended until such time as petit criminal juries are reconvened or thirty days, whichever is later.
• Article 195 of the Criminal Procedure Law is suspended to the extent that it would prohibit the use of electronic appearances for certain pleas, provided that the court make a full and explicit inquiry into the waiver and voluntariness thereof.
• Sections 190.45 and 190.50 of the Criminal Procedure Law are modified to the extent necessary to allow an incarcerated defendant to appear virtually with his or her counsel before the grand jury to waive immunity and testify in his or her own defense, provided the defendant elects to do so.
• The suspension of Section 180.80 and 190.80 of the Criminal Procedure Law as modified by Executive Order 202.28 is continued for a period not to exceed thirty days in any jurisdiction where there is not a grand jury empaneled; and when a new grand jury is empaneled to hear criminal cases, then 180.80 and 190.80 of the criminal procedure law shall no longer be suspended beginning one week after such grand jury is empaneled.
• The suspension of Sections 180.60 and 245.70 of the Criminal Procedure Law as modified by Executive Order 202.28, which allowed protective orders to be utilized at preliminary hearings, is continued for a period of thirty days.
• The suspension of Sections 182.20, in addition to the modification contained in Executive Order 202.28 of section 182.30 of the Criminal Procedure Law is extended for a period of thirty days, to the extent that it would prohibit the use of electronic appearances for felony pleas, or electronic appearances for preliminary hearings or sentencing.

NYC Grand Juries Resume in August

Chief Administrative Judge Lawrence K. Marks announced today that beginning on Monday, Aug. 10, grand juries will convene in the five boroughs of New York City.

Marks said New York City court administrators have been carefully planning for the safe resumption of grand juries, which decide if a person should be formally charged with a crime based on the evidence and the law. In the coming days, jury summonses will be sent to prospective jurors in the five boroughs.

Courts in New York City will also resume in-court conferences of felony cases where the defendant is at liberty. Additionally, as the New York City courts enter phase three of a return to in-person operations, the types of criminal matters that may be heard in person will be expanded to include preliminary hearings in cases involving defendants being held in jail on felony complaints, selected plea and sentencing proceedings for defendants at liberty, and arraignments of defendants who have been issued desk appearance tickets.

COVID-19 Webinars

Thursday, July 9 – The Future of Jury Trials: How the Coronavirus Epidemic May Change Online and In-Person Trials and Jury Selection.

Friday, July 10 – Making & Protecting the Record: Virtual and Live – NYSBA Trial Academy Virtual Conference.

Tuesday, July 14 – COVID-19 Insurance Primer for Entertainment Attorneys: Business Interruption and Event Cancellation Coverage.

Latest NYSBA.ORG Coronavirus News

We are adding new content each day to our website related to the coronavirus public health emergency and its impact on the legal community.

When Scott M. Karson sought to become State Bar president beginning June 1, 2020, he never imagined that a deadly virus would turn society upside down but he says leadership requires that we confront the world as it is, not what we wish it was. Learn about all of his initiatives for the coming year, including his plans for addressing the effects of the coronavirus pandemic on New York’s legal community.