People v. Mack

*307OPINION OF THE COURT

Gerald Sheindlin, J.

The defendant moves for dismissal of the above-captioned indictment pursuant to CPL 30.30 (1) (a) claiming the People were not ready for trial within six months of the commencement of the action. The People oppose in their answering affirmation claiming that they have satisfied their statutory obligations. A crucial issue of first impression was presented to the court: whether the adult victim’s psychological trauma constituted emotional unavailability, thereby rendering certain time periods excludable as an exceptional circumstance pursuant to CPL…