Opinion
November 10, 1986
Appeal from the Cayuga County Court, Rybarczyk, J.
Present — Callahan, J.P., Denman, Pine, Balio and Lawton, JJ.
Case held, decision reserved and matter remitted to Cayuga County Court for further proceedings, in accordance with the following memorandum: Defendant appeals his conviction, after jury trial, of assault in the second degree on the ground that he was denied his right to a speedy trial (CPL 30.30). Since the record before us does not establish when the People communicated their readiness to the court (see, People v Kendzia, 64 N.Y.2d 331, 337), nor what excludable time the People claim under CPL 30.30 (4), the matter must be remitted for a hearing and appropriate findings (People v Horney, 99 A.D.2d 886, 887; People v Simpson, 66 A.D.2d 1008).