People v Sawh

2009 NY Slip Op 00415 [58 AD3d 760]

January 20, 2009

Appellate Division, Second Department

As corrected through Wednesday, March 11, 2009

The People of the State of New York, Appellant, v VindraSawh, Respondent.

—[*1]Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, SharonY. Brodt, and John F. McGoldrick of counsel), for appellant.

Appeal by the People from an order of the Supreme Court, Queens County (Grosso, J.),dated April 10, 2007, which granted the defendant's motion to dismiss the indictment pursuant toCPL 30.30 (1) (a).

Ordered that the order is reversed, on the law and the facts, the motion is denied, theindictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, forfurther proceedings on the indictment.

The Supreme Court erred in determining that the defendant was denied his statutory right toa speedy trial pursuant to CPL 30.30. Among other things, the record does not support the court'sdetermination that the People's statement of readiness was "illusory" or otherwise ineffective (see People v Rogers, 7 AD3d 737[2004]), and the resulting charge of 68 days of adjournment in excess of those days actuallyrequested by the People was improper (see People v Anderson, 66 NY2d 529 [1985];People v Nielsen, 306 AD2d 500, 501 [2003]). Given the foregoing, the balance of thetotal time chargeable to the People was within the statutory six-month period (see CPL30.30 [1] [a]). Ritter, J.P., Florio, Miller and Carni, JJ., concur.