Opinion
September 19, 1994
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgment is affirmed.
There is ample evidence in the record to support the hearing court's determinations that the People announced their readiness in open court on March 22, 1990, well within the six-month period allowed by statute (CPL 30.30 [a]), and that the People were, in fact, prepared to proceed, having contacted the complainant and secured her presence for the retrial. Accordingly, the defendant's motion to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial was properly denied.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Miller and Lawrence, JJ., concur.