People v. Alfonso

OPINION OF THE COURT

Charles A. Posner, J.

The defendant Leon Alfonso, charged with two counts of criminal possession of stolen property in the fifth degree (Penal Law § 165.40), moves to dismiss the accusatory instrument pursuant to CPL 30.30 (1) (b). Both sides have stipulated that the People filed and served a statement of readiness on January 21, 1997, 92 days after defendant was arraigned pursuant to his return on a desk appearance ticket. At issue is whether a 17-day adjournment between December 3 and December 20, 1996 following the defendant’s voluntary return on a warrant should be…