| People v Mazarakis |
| 2008 NY Slip Op 07015 [54 AD3d 876] |
| September 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v George Mazarakis, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Adams,J.), rendered July 18, 2006, convicting him of criminal contempt in the second degree, upon ajury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
After subtracting the periods of delay which were due to the defendant's pretrial motionpractice (see CPL 30.30 [4] [a]; People v Worley, 66 NY2d 523 [1985]), theperiods during which the defendant was without counsel through no fault of the Supreme Court(see CPL 30.30 [4] [f]; People vClark, 11 AD3d 706 [2004]), and adjournments the defendant either requested orconsented to (see CPL 30.30 [4] [b]), the total time chargeable to the People was withinthe permitted 90-day period (see CPL 30.30 [1] [b]; see generally People v Kendzia,64 NY2d 331 [1985]).
Contrary to the defendant's contention, he was not entitled to a missing witness charge(see generally People v Savinon, 100 NY2d 192, 196 [2003]; People v Gonzalez,68 NY2d 424, 427 [1986]) or any relief for the alleged failure of the People to turn overBrady material (see Brady v Maryland, 373 [*2]US 83 [1963]). Prudenti, P.J., Ritter, Florio and McCarthy, JJ.,concur.