§ 30.30 Speedy trial; time limitations.\n 1. Except as otherwise provided in subdivision three of this section,\na motion made pursuant to paragraph (e) of subdivision one of section\n170.30 or paragraph (g) of subdivision one of section 210.20 of this\nchapter must be granted where the people are not ready for trial within:\n (a) six months of the commencement of a criminal action wherein a\ndefendant is accused of one or more offenses, at least one of which is a\nfelony;\n (b) ninety days of the commencement of a criminal action wherein a\ndefendant is accused of one or more offenses, at least one of which is a\nmisdemeanor punishable by a sentence of imprisonment of more than three\nmonths and none of which is a felony;\n (c) sixty days of the commencement of a criminal action wherein the\ndefendant is accused of one or more offenses, at least one of which is a\nmisdemeanor punishable by a sentence of imprisonment of not more than\nthree months and none of which is a crime punishable by a sentence of\nimprisonment of more than three months; or\n (d) thirty days of the commencement of a criminal action wherein the\ndefendant is accused of one or more offenses, at least one of which is a\nviolation and none of which is a crime.\n (e) for the purposes of this subdivision, the term offense shall\ninclude vehicle and traffic law infractions.\n 2. Except as provided in subdivision three of this section, where a\ndefendant has been committed to the custody of the sheriff or the office\nof children and family services in a criminal action he or she must be\nreleased on bail or on his or her own recognizance, upon such conditions\nas may be just and reasonable, if the people are not ready for trial in\nthat criminal action within:\n (a) ninety days from the commencement of his or her commitment to the\ncustody of the sheriff or the office of children and family services in\na criminal action wherein the defendant is accused of one or more\noffenses, at least one of which is a felony;\n (b) thirty days from the commencement of his or her commitment to the\ncustody of the sheriff or the office of children and family services in\na criminal action wherein the defendant is accused of one or more\noffenses, at least one of which is a misdemeanor punishable by a\nsentence of imprisonment of more than three months and none of which is\na felony;\n (c) fifteen days from the commencement of his or her commitment to the\ncustody of the sheriff or the office of children and family services in\na criminal action wherein the defendant is accused of one or more\noffenses, at least one of which is a misdemeanor punishable by a\nsentence of imprisonment of not more than three months and none of which\nis a crime punishable by a sentence of imprisonment of more than three\nmonths; or\n (d) five days from the commencement of his or her commitment to the\ncustody of the sheriff or the office of children and family services in\na criminal action wherein the defendant is accused of one or more\noffenses, at least one of which is a violation and none of which is a\ncrime.\n (e) for the purposes of this subdivision, the term offense shall\ninclude vehicle and traffic law infractions.\n 3. (a) Subdivisions one and two of this section do not apply to a\ncriminal action wherein the defendant is accused of an offense defined\nin sections 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the\npenal law.\n (b) A motion made pursuant to subdivisions one or two of this section\nupon expiration of the specified period may be denied where the people\nare not ready for trial if the people were ready for trial prior to the\nexpiration of the specified period and their present unreadiness is due\nto some exceptional fact or circumstance, including, but not limited to,\nthe sudden unavailability of evidence material to the people's case,\nwhen the district attorney has exercised due diligence to obtain such\nevidence and there are reasonable grounds to
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