People v. Gushlaw

Order unanimously affirmed. Memorandum: Defendant was arrested on September 22, 1983, indicted on April 26, 1984 and arraigned on April 27, 1984 at which time the People announced that they were ready for trial. In order to satisfy the six-month rule (CPL 30.30 [1] [a]), the People were required to announce readiness for trial on March 22, 1984, six months after defen*793dant’s arrest. Once defendant demonstrated that the People’s statement of readiness was made beyond the six-month period, the burden of proving excludable periods fell to the People (see, People v Berkowitz, 50 NY2d 333, 349;…