People v. Mims

OPINION OF THE COURT

Frederic S. Berman, J.

If, during the pendency of a criminal case, a prosecution witness is unavailable to testify because the witness is away *164on vacation, does said fact constitute an "exceptional circumstance” under CPL 30.30 (4) (g)?

An examination of the case authorities suggests this to be a case of first impression.

The defendant, John Mims, is charged with having committed two felonies, criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fifth degree. In his moving papers he asserts that the People…