Opinion
339
February 28, 2002.
Judgment, Supreme Court, Bronx County (Alexander Hunter, J. on speedy trial motion; Edward Davidowitz, J. at jury trial and sentence), rendered June 23, 1999, convicting defendant of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Argiro Kosmetatos for respondent.
Allen Fallek for defendant-appellant.
Before: Williams, J.P., Lerner, Buckley, Friedman, Marlow, JJ.
Defendant's speedy trial motion was properly denied. At issue is a period of 54 days that the motion court excluded as attributable to motion practice. We conclude that the People were not dilatory in their response to defendant's omnibus motion and that the delay, while lengthy, was within reasonable limits (see, People v. Roebuck, 279 A.D.2d 350, 351,lv denied 96 N.Y.2d 805; People v. Sanchez, 252 A.D.2d 508, lv denied 92 N.Y.2d 930).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.