Opinion
December 1, 1997
Appeal from the Supreme Court, Kings County (Greenberg, J.).
Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 30.30 is denied, and the indictment is reinstated.
We agree with the People that they were improperly charged with the eight-day period of delay from May 20 to May 28, 1996. In opposing the defendant's motion pursuant to CPL 30.30, the Assistant District Attorney averred that this adjournment had been occasioned by the defense counsel's desire to engage in plea negotiations. This assertion was supported by the submission of a copy of a plea negotiation letter which he received from defense counsel which made reference to the adjourned date. Therefore, the evidence indicated that the defendant acquiesced in the delay of the proceedings for the purpose of conduct in plea negotiations, and the period of delay was excludable ( see, People v. Crogan, 237 A.D.2d 745; People v. Rodriguez, 184 A.D.2d 317). Review of the transcript of the May 20, 1996, proceedings ( see, Fisch, New York Evidence § 1065 [2d ed]; see, e.g., People v. Notholt, 242 A.D.2d 251; People v. Rowe, 227 A.D.2d 212) further supports this conclusion, since that transcript demonstrates that defense counsel consented to the delay so that plea negotiations could be pursued. Upon deducting this period from that total amount of delay, the total delay does not exceed six calendar months. Accordingly, the defendant's motion must be denied and the indictment must be reinstated.
In view of the foregoing, we have no occasion to consider the other periods of delay discussed by the parties.
Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.