Opinion
November 18, 1997
Appeal from the Supreme Court, New York County (Bruce Allen, J.).
The trial court erred in finding that defendant was denied his right to a speedy trial. Five days were improperly charged to the prosecution with respect to the period from January 5 to January 10, 1997. The adjournment from January 5 to January 10, 1997 is excludable as it was made at defense counsel's request (see, People v. Matthews, 227 A.D.2d 313, lv denied 88 N.Y.2d 989; People v. Smith, 82 N.Y.2d 676, 678; People v. Goodwin, 209 A.D.2d 228, lv denied 85 N.Y.2d 862). Nineteen days were also improperly charged to the prosecution with respect to the period from March 1 to March 20, 1997. The time between March 1 and March 20, 1997 is excludable because the delay resulted from defendant's request for an adjournment to March 1, 1997 (see, CPL 30.30 [b]; People v. Cortes, 80 N.Y.2d 201, 210; People v. Anderson, 66 N.Y.2d 529, 536). Excluding the foregoing periods, the People were ready to proceed in the statutory period.
Concur — Murphy, P. J., Wallach, Nardelli, Tom and Colabella, JJ.