Opinion
July 14, 1992
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Lawton, Boehm, Davis and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Upon our review of the record, we conclude that the verdict was supported by legally sufficient evidence and that it was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). We also conclude that Supreme Court correctly denied defendant's CPL 30.30 motion. In that regard, the People's statement of readiness on the first indictment was not rendered void by the subsequent dismissal of that indictment (see, People v. Traficante, 143 A.D.2d 443, 445; People v. Marsh, 127 A.D.2d 945, 947, lv denied 70 N.Y.2d 650). Further, the People's announcement of readiness in open court before defendant's arraignment and their subsequent notification to defense counsel of their readiness satisfied their obligation to answer ready on the subsequent indictment (see, People v. Olivani, 167 A.D.2d 949, lv denied 77 N.Y.2d 880; People v. [Cleveland] Evans, 171 A.D.2d 1006, lv denied 77 N.Y.2d 994, 78 N.Y.2d 1011; see also, People v. Kendzia, 64 N.Y.2d 331, 337, n).
We have reviewed defendant's remaining contention and find it to be without merit.