Opinion
November 21, 1994
Appeal from the Supreme Court, Queens County (Beerman, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's speedy trial motion to dismiss Indictment No. 3032/90, and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.
We find that the Supreme Court should have conducted a hearing to resolve the factual issues raised by the defendant's motion to dismiss for a violation of CPL 30.30 (1) (see, People v Robinson, 209 A.D.2d 649 [decided herewith]). The People did not submit documentary proof to support the contentions that certain time periods were excludable (CPL 210.45). Bracken, J.P., Miller, Lawrence and Santucci, JJ., concur.