| People v Morris |
| 2012 NY Slip Op 02712 [94 AD3d 912] |
| April 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Appellant, v ToddMorris, Respondent. |
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Appeal by the People from an order of the Supreme Court, Queens County (Grosso, J.), datedSeptember 23, 2009, which, upon a decision of the same court also dated September 23, 2009,granted the defendant's motion pursuant to CPL 30.30 (1) (a) to dismiss the indictment on theground that the defendant was deprived of his statutory right to a speedy trial.
Ordered that the order is reversed, on the law, the defendant's motion is denied, theindictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, forfurther proceedings on the indictment.
On June 11, 2008, the defense counsel requested an adjournment of this matter for thepurpose of viewing a videotape of the defendant's arrest, and the Supreme Court granted therequest. Therefore, the Supreme Court improperly charged the prosecution with the 56 days ofprereadiness delay between June 25, 2008, and August 20, 2008, which resulted from thedefendant's adjournment request (see CPL 30.30 [4] [b]; People v Kopciowski,68 NY2d 615, 617 [1986]; People v Robinson, 269 AD2d 410 [2000]; People vKanter, 173 AD2d 560, 561 [1991]; People v LoPizzo, 151 AD2d 614 [1989]).When these 56 days are subtracted from the 202 days charged to the People by the SupremeCourt, the People were ready for trial within the six-month period provided by CPL 30.30 (1) (a).
Accordingly, the Supreme Court should have denied the defendant's motion pursuant to CPL30.30 (1) (a) to dismiss the indictment. Rivera, J.P., Leventhal, Roman and Cohen, JJ., concur.