Opinion
February 10, 2000
Judgments, Supreme Court, New York County (Arlene Silverman, J., on CPL 190.50 motion; John Bradley, J., on CPL 30.30 motion; William Wetzel, J., at first trial; Martin Rettinger, J., at second trial), rendered May 29, 1996 and November 14, 1996, convicting defendant, after the first of two separate jury trials, of criminal possession of a controlled substance in the seventh degree, and sentencing him to time served and 3 years probation and also convicting him, after the second trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 5 to 10 years, unanimously affirmed.
Alan Gadlin, for respondent.
Jeffrey I. Richman, for defendant-appellant.
SULLIVAN, J.P., MAZZARELLI, ELLERIN, LERNER, FRIEDMAN, JJ.
Defendant's motion to dismiss the indictment on the ground that he was deprived of his right to testify before the Grand Jury was properly denied. The record establishes that the People afforded defendant a reasonable opportunity to testify but that his counsel unjustifiably refused to even discuss scheduling arrangements (see, People v. Cates, 238 A.D.2d 140, lv denied 89 N.Y.2d 1090;People v. Patterson, 189 A.D.2d 733, lv denied 81 N.Y.2d 975).
Defendant's speedy trial motion was properly denied. The record supports the court's findings that certain time periods were excludable, such as during the unavailability of a police witness due to medical reasons.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.