People v. Smith

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Under CPL 30.30 (1) (a), the People have six months, or in this case 181 days, to be ready for trial, exclusive of any periods of time properly chargeable to the defense. The question before us is whether the People should be charged with time beyond the dates to which they requested adjournments. The People contend that an adjournment which is extended because the defense rejects the original date suggested by the People should be, in part, excludable from the time chargeable to them. This argument is…