Opinion
April 28, 1995
Appeal from the Erie County Court, Drury, J.
Present — Green, J.P., Fallon, Wesley, Callahan and Balio, JJ.
Order unanimously affirmed. Memorandum: County Court properly granted defendant's motion to dismiss the indictment on speedy trial grounds (see, CPL 30.30 [a]). The People concede that the court properly charged them with pre-indictment delay of 175 days. The People also concede that the Grand Jury minutes were provided to the court 44 days after the People received defendant's motion seeking their inspection. We reject the People's argument that the 44 days must be excluded because of the pendency of defense counsel's motions (see, People v Roscoe, 210 A.D.2d 1003). Even if a reasonable period of time for production of the Grand Jury minutes is excluded (see, People v Harris, 187 A.D.2d 1015, affd 82 N.Y.2d 409), the period of delay exceeds the six-month readiness period.