People v. Green

—Order unanimously reversed on the law, motion denied, indictment reinstated, and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: County Court erred in concluding that delays occurring subsequent to the filing of an accusatory instrument are attributable to the People unless defendant expressly states that, in requesting or in consenting to an adjournment, he is waiving his rights under CPL 30.30. Defendant’s request for, or consent to, an adjournment is an express waiver of those rights (see, People v Meierdiercks, 68 NY2d 613; People v…