Opinion
Decided July 5, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jeffrey N. Atlas, J.
Robert M. Morgenthau, District Attorney ( William J. Troy, III, of counsel), for appellant.
Allen S. Stim for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed. The courts below found that the delays in question did not arise from the action or with the consent of the defendant or for the defendant's convenience. (CPL 30.30 [b].)
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.