Opinion
570084/04.
Decided May 2, 2006.
The People appeal from an order of the Criminal Court, New York County (Judith A. Levitt, J.), entered January 22, 2004, which granted defendant's motion to dismiss the information pursuant to CPL 30.30.
Order (Judith A. Levitt, J.), entered January 22, 2004, reversed, on the law, defendant's motion denied, information reinstated and the matter remitted to Criminal Court for further proceedings.
PRESENT: DAVIS, J.P., SCHOENFELD, J.
The People were improperly charged with the 70-day period from September 30, 2002 to December 9, 2002. The period between September 30, 2002 to October 4, 2002 was excludable as time attributable to motion practice (CPL 30.30[b]; People v. McCray, 238 AD2d 442, 443, lv denied 90 NY2d 895). We find that the People were not dilatory in filing their motion to limit the scope of a deposition ordered on defendant's request ( see People v. McKenna, 76 NY2d 59, 64). The period between October 4, 2002 and November 22, 2002 was excludable as a post-decision adjournment to prepare and conduct the deposition, which was scheduled for October 24, 2002 and adjourned to November 22, 2002 on consent. Finally, the period between November 22, 2002 and December 9, 2002 was excludable as a reasonable time to prepare for trial following the deposition ( see People v. Campbell, 255 AD2d 229, lv denied 93 NY2d 851). Thus, the People were chargeable with 53 days, which is below the applicable 90-day threshold ( see CPL 30.30[b]).
This constitutes the decision and order of the court.