Opinion
2002-1539 W CR.
Decided December 17, 2003.
Appeal by defendant from a judgment of the City Court of Mount Vernon, Westchester County (C. Duffy, J.), rendered October 11, 2002, convicting him of criminal trespass in the third degree (Penal Law § 140.10 [a]) and imposing sentence.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Appeal held in abeyance and matter remanded to the court below to conduct a hearing limited to the issue of the alleged denial of defendant's right to a speedy trial, and to report its findings to this court with all deliberate speed.
Defendant, on this appeal, alleged that the accusatory instrument was defective in that it was based on hearsay allegations contrary to the provisions of CPL 100.40 (1) (c) and that defendant's CPL 30.30 right to a speedy trial was violated. Inasmuch as defendant failed to timely move to dismiss the accusatory instrument based on the failure to set forth sufficient nonhearsay allegations, said issue was not preserved for appellate review ( see CPL 170.30; 255.20; People v. Casey, 95 NY2d 354).
As to defendant's CPL 30.30 motion, we note that the time period between October 3, 2001, when the justices of the Justice Court of Bronxville recused themselves, and November 16, 2001, the date that the matter appeared on the Mount Vernon City Court's calendar, was not chargeable to the People ( see CPL 30.30 [g]; see also People v. Castro, 80 AD2d 656; revd on other grounds 55 NY2d 972). However, since it cannot be determined from the record whether the other adjournments were requested by defendant, remittur of the matter for a hearing on said issue is necessary ( see People v. Jackson, 141 AD2d 562; People v. Klaus, 94 AD2d 748).