People v. Grimaldi

—Order, Supreme Court, New York County (Jeffrey Atlas, J.), entered on or about June 7, 1993, which granted defendant’s motion to dismiss the indictment for failure to comply with CPL 30.30, unanimously reversed, on the law, and the indictment reinstated.

On December 15, 1992, defendant failed to appear, as scheduled, to be arraigned on the within indictment and the court was informed only that an unidentified person had called in and said that the defendant could not appear because of illness. The court thereupon issued a bench warrant.

Contrary to the motion court, we find that the 35 day…