| People v Gnesin |
| 2015 NY Slip Op 03482 [127 AD3d 652] |
| April 28, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Gene Gnesin, Appellant. |
Center for Appellate Litigation, New York (Robert S. Dean of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), forrespondent.
Judgment, Supreme Court, New York County (Tandra L. Dawson, J., at speedy trialmotion; Juan M. Merchan, J., at hearing, nonjury trial and sentencing), rendered April10, 2013, convicting defendant of attempted assault in the third degree and attemptedendangering the welfare of a child, and sentencing him to a conditional discharge,unanimously affirmed.
The court properly denied defendant's speedy trial motion. The certificate ofreadiness filed by the People was not illusory (see People v Sibblies, 22 NY3d 1174, 1180 [2014]; People v Brown, 126 AD3d516 [1st Dept 2015]). The record supports the inference that even if the Peoplemight have preferred to call an uncooperative complainant as a witness, they were alwaysprepared to proceed without her by relying on other evidence, as they ultimately did.
The court providently exercised its discretion in reopening the suppression hearing,after both sides had rested and presented oral argument but before any decision had beenrendered, to allow the People to introduce additional testimony (see People v McCorkle, 111AD3d 557 [1st Dept 2013], lv denied 24 NY3d 963 [2014]). Since thereopening occurred before the court had ruled on the motion, the restrictions onrehearings set forth in People vKevin W. (22 NY3d 287, 289 [2013]) and People v Havelka (45 NY2d636 [1978]) do not apply. Concur—Tom, J.P., Sweeny, Manzanet-Daniels, Clarkand Kapnick, JJ.