People v. Paul Z.

OPINION OF THE COURT

Memorandum.

Judgment adjudicating defendant a youthful offender unanimously reversed, on the law, and accusatory instrument dismissed.

CPL 30.30 (subd 1, par [b]) requires the dismissal of an accusatory instrument when the People are not ready for trial within 90 days of the commencement of the criminal action. A misdemeanor information was filed against defendant on May 20, 1981. Thereafter, a period of 253 days elapsed until defendant’s motion to dismiss on January 27, 1982. The period from May 22, 1981 to October 5, 1981 is excludable as it resulted from an adjournment…