People v. Rodriguez

OPINION OF THE COURT

Roger S. Hayes, J.

The case presents the question whether a prosecutor who failed to declare readiness for trial until after the expiration *865of the applicable period required by CPL 30.30 may excuse his failure by a claim that he mistakenly relied on the court’s erroneous calculations and the defendant’s silence about the error when he consented to an adjournment date that fell outside the statutory period.

I

The facts are straightforward. On August 22, 1985 the defendant was arraigned on a misdemeanor complaint, charging him with a violation of Penal Law § 145.00, a class A…