People v. Espinosa

Judgment, Supreme Court, New York County (Irving Lang, J.), rendered May 11, 1987, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of five to ten years, unanimously affirmed.

Defendant’s motion to dismiss the indictment pursuant to CPL 30.30 was properly denied. At least 35 of the 213 days between defendant’s arraignment on the felony complaint (People v Lomax, 50 NY2d 351) and the prosecutor’s in-court declaration of readiness were excludable. The 28 day period between April 24 and May 22 is…