Opinion
570696/04.
Decided June 15, 2006.
The People appeal from an order of the Criminal Court, New York County (Judith Lieb, J.), entered June 23, 2004, which granted defendant's motion to dismiss the accusatory instrument pursuant to CPL 30.30.
Order (Judith Lieb, J.), entered June 23, 2004, reversed, on the law and facts, motion denied, accusatory instrument reinstated, and matter remanded to Criminal Court for further proceedings.
PRESENT: DAVIS, J.P., GANGEL-JACOB, J.
The People were improperly charged with the entire 27-day adjournment period from August 27, 2003 to October 2, 2003. The minutes of August 27, 2003 reveal that the People were not ready to proceed because the assigned assistant district attorney was on vacation and was not due to return until the following week. On defense counsel's request, the matter was adjourned on consent to October 2, 2003, with the express understanding that the People would only be charged with one week for speedy trial purposes. The court should have excluded the additional 20 days requested by defense counsel to accommodate his schedule ( see People v. Colon, 272 AD2d 125, lv denied 95 NY2d 904). Deducting the 20 days from the total 109 days found by the motion court brings the time chargeable to the prosecution within the 90-day statutory period.
This constitutes the decision and order of the court.
I concur.