What is the legal test for failing to file an accusatory instrument under the New York State Criminal Code?

a class A misdemeanor. Whether the People have satisfied this obligation is generally determined by calculating the time between the filing of the first accusatory instrument and the People's declaration of readiness, then subtracting statutorily excludable periods of delay and finally adding any additional delays that transpire after readiness has been declared, when such delays are attributable to the People and are ineligible for any exclusions under the statute (see People v. Cortes, 80 NY2d 201, 208, [1992]).