The People appeal from an order of the Criminal Court, New York County, dated May 22, 2002 (Judith A. Levitt, J.) which granted defendant's motion to dismiss the information on statutory speedy trial grounds.

PER CURIAM:

Order dated May 22, 2002 (Judith A. Levitt, J.) reversed, on the law, motion denied, information reinstated, and matter remitted to Criminal Court for further proceedings.

Defendant's CPL 30.30 motion should have been denied. The record sufficiently establishes that the November 2, 2001 adjournment was a delay occasioned by the exceptional circumstances of the World Trade Center attacks and resulting unavailability of police witnesses (see People v Fuller, 8 AD3d 204 [2004], lv denied 3 NY3d 706 [2004]; People v Johnson, 17 AD3d 32 [2005]). Contrary to defendant's contention, the People were not required to establish due diligence in obtaining the police officers' presence, a requirement suspended by operation of Executive Order No. 113.28 [9 NYCRR 5.113] (see People v Wright, 193 Misc 2d 207 [2002]; People v Forbes, 191 Misc 2d 667 [2002]). Deduction of this excludable adjournment period from speedy trial computation is sufficient to lower the includable time below the applicable 90-[*2]day threshold.

This constitutes the decision and order of the court.
Decision Date: August 25, 2005