Can Speedy Trial Be Waived by Email

[Danboy]

My question involves criminal law for the state of: New York


Can a defense lawyer waive a defendant's 30.30 time with a simple email to the District Attorney?

The defense lawyer sent an email to the District Attorney waiving the defendant's 30.30 time specifically so the defendant would not be indicted by the Grand Jury. This email was sent 5 days after the defendant's case was already presented the grand jury but before the Grand Jury voted to indict. A month later the defendant decided not to take the plea and he was indicted.

My question is, Does the waiver of 30.30 time have to be done in court on the record with permisssion of the defendant or can it be done with a simple email without the defendant's consent or knowlendge? Even if an email is a legal waiver of 30.30 time wouldnt it be nullified once the defendant refuses the plea and is indicted?

[Mr. Knowitall]

There's no requirement that a N.Y. CPL. LAW § 30.30 waiver be made on the record.