People v. Johnson

—Judgment unanimously affirmed. Memorandum: Supreme Court properly denied defendant’s motion to dismiss the indictment on speedy trial grounds (see, CPL 30.30). Although the People requested a one-week adjournment due to the unavailability of a witness, the subsequent 53-day delay until commencement of the trial is not chargeable to the People because it was occasioned by the unavailability of the court due to court congestion (see, People v Anderson, 66 NY2d 529, 535-536; People v Giordano, 56 NY2d 524, affg 81 AD2d 1003; People v Taverez, 147 AD2d 355, 356, lv denied 73 NY2d 1022). Thus,…