Opinion
January 25, 2000
Judgment, Supreme Court, New York County (Franklin Weissberg, J., on speedy trial motion; Jeffrey Atlas, J., at jury trial and sentence), rendered April 1, 1997, convicting defendant of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed. Defendant's speedy trial motion was properly denied. The adjournment of October 24, 1995, which is dispositive of the speedy trial issue, was properly excluded as a reasonable time for the People to prepare for a suppression hearing (see, People v. Green, 90 A.D.2d 705, lv denied 58 N.Y.2d 784). This constituted "a reasonable period of delay resulting from . . . pre-trial motions" within the meaning of CPL 30.30(4)(a).
Annica H. Jin, for respondent.
William B. Carney, for defendant-appellant.
SULLIVAN, J.P., TOM, MAZZARELLI, WALLACH, RUBIN, JJ.
The revised Sandoval ruling was an appropriate exercise of the trial court's discretion (see, People v. Pavao, 59 N.Y.2d 282, 292;People v. Ramos, 255 A.D.2d 203, lv denied 93 N.Y.2d 856).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.