People v. Smith

OPINION OF THE COURT

Order dated October 20, 1994 affirmed.

On defendant’s motion for dismissal of the information on statutory speedy trial grounds, the People conceded that they were chargeable with 26 days of the 90-day time limit applicable to this misdemeanor prosecution (CPL 30.30 [1] [b]). At issue on this appeal is the People’s responsibility for two consecutive periods of postreadiness delay totaling 72 days. Criminal Court granted the defendant’s dismissal motion, holding that the disputed periods of postreadiness delay should be charged to the People (163 Misc 2d 56). We agree, and…