Summary
In People v. Grady, 111 AD2d 932 (2nd Dept. 1985), the opinion stated that the witness was unavailable due to military service.
Summary of this case from People v. ChardonOpinion
June 24, 1985
Appeal from the County Court, Westchester County (Marasco, J.).
Judgment affirmed.
By defendant's own admission, the People announced their readiness for trial approximately three months after the filing of the initial accusatory instrument. Defendant requested three adjournments notwithstanding the People's continued readiness to proceed. The People's statement of readiness was not thereafter vitiated by their subsequent inability to proceed to trial due to the unavailability of the key prosecution witness for reasons of military service ( People v. Jones, 105 A.D.2d 179; CPL 30.30 [g]).
Inasmuch as defendant was not prejudiced by a lengthy pretrial incarceration or the loss of material evidence due to the delay, his constitutional speedy trial claim is without merit ( see, People v. Dean, 45 N.Y.2d 651; People v. Taranovich, 37 N.Y.2d 442, 445). Gibbons, J.P., Thompson, Weinstein and Lawrence, JJ., concur.