Opinion
No. 2120 5442/04.
November 27, 2007.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., on speedy trial motion; Eduardo Padro, J., at jury trial and sentence), rendered December 12, 2005, convicting defendant, of petit larceny, criminal possession of stolen property in the fifth degree and resisting arrest, and sentencing him to an aggregate term of one year and 45 days, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jeffrey Viscomi of counsel), for respondent.
Before: Lippman, P.J., Friedman, Sullivan, Gonzalez and Catterson, JJ.
The court properly denied defendant's speedy trial motion. The court properly excluded the 28-day adjournment following the decision on defendant's omnibus motion, as a reasonable period for the People to prepare for trial in what was originally a robbery case ( see e.g. People v Rowe, 227 AD2d 212, 213, lv denied 88 NY2d 993; People v Chambers, 226 AD2d 284, lv denied 88 NY2d 981). We have considered and rejected defendant's remaining arguments.