| People v Bejo (Sokol) |
| 2006 NY Slip Op 51791(U) [13 Misc 3d 129(A)] |
| Decided on September 22, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
The People appeal from an order of the Supreme Court, Bronx County (William I. Mogulescu, J.), entered October 26, 2005, which granted defendant's motion to dismiss the accusatory instrument pursuant to CPL 30.30.
PER CURIAM:
Order (William I. Mogulescu, J.), entered October 26, 2005, affirmed.
Defendant's CPL 30.30 motion was properly granted. The record shows that the successive adjournment periods here at issue were precipitated by what the People described below as a "mistake" in the accusatory instrument and their repeated requests for "time to redraft". Having failed to state their readiness for the record during the extended period during which the case languished due to their failure to follow through on their stated intention to rectify the pleading error, the People were properly charged with the entire period of delay (cf. People v Castro, 2001 NY Slip Op 50084[U][App Term, lst Dept, 2001]), and this despite their belated and unsubstantiated claim of "exceptional circumstances" (CPL 30.30[4][g]; see People v Meyers, 114 AD2d 861 [1985]). We reach no other issue.
This constitutes the decision and order of the court.
Decision Date: September 22, 2006