Opinion
November 13, 1995
Appeal from the Supreme Court, Kings County (Firetog, J.).
Ordered that the judgment is affirmed.
The defendant contends that the indictment should be dismissed because the People did not exercise due diligence in securing his release from Federal authorities for a speedy trial in this matter, resulting in a delay chargeable to the People. The record establishes that the District Attorney made diligent efforts to secure the presence of the defendant after he was taken into Federal custody on an alleged parole violation. Thus, the period from August 3, 1992, to November 6, 1992, is not chargeable to the People and defendant's speedy trial motion was properly denied (see, People v Garrett, 207 A.D.2d 948; People v Brown, 136 A.D.2d 715). Thompson, J.P., Joy, Goldstein and Florio, JJ., concur.