| People v Young |
| 2013 NY Slip Op 07071 [110 AD3d 1107] |
| October 30, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Scott Young, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M.Lieberman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Mullen, J.), rendered February 19, 2009, convicting him of rape in the first degree, upona jury verdict, and imposing sentence. The appeal brings up for review the denial,without a hearing (Mangano, Jr., J.), of the defendant's motion pursuant to CPL 30.30 todismiss the indictment on the ground that he was deprived of his statutory right to aspeedy trial.
Ordered that the judgment is affirmed.
When a defendant is accused of a felony, the indictment must be dismissed unless thePeople are ready for trial within six months after the commencement of the criminalaction (see CPL 30.30 [1] [a]; People v Hernandez, 92 AD3d 802, 803 [2012]). Withrespect to periods of delay that occur following the People's statement of readiness, anyperiod of an adjournment in excess of that actually requested by the People is excluded(see People v Carter, 91 NY2d 795, 799 [1998]; People v Cortes, 80NY2d 201, 210 [1992]; People v Hernandez, 92 AD3d at 803). Here, the totaltime chargeable to the People was less than the six-month time period provided by CPL30.30 (1) (a). Accordingly, the Supreme Court properly denied the defendant's motionpursuant to CPL 30.30 to dismiss the indictment. Skelos, J.P., Dickerson, Hall andMiller, JJ., concur.