Opinion
December 27, 1993
Appeal from the Supreme Court, Queens County (Cooperman, J.).
Ordered that the judgment is reversed, on the law, the order denying the defendant's motion to dismiss the indictment pursuant to CPL 30.30 is reversed, the motion is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Pursuant to People v Correa ( 77 N.Y.2d 930) and People v Palacios ( 79 N.Y.2d 897), the 58 day period of time which elapsed between the filing of the indictment and the defendant's subsequent arraignment thereon is chargeable to the People. When this time is charged to the People, the period of delay exceeded the statutory maximum of six months (see, CPL 30.30 [a]), thereby mandating dismissal of the indictment. Thompson, J.P., Balletta, O'Brien and Santucci, JJ., concur.