Appeal from an order of the Justice Court of the Town of Wawayanda, Orange County (Peter P. Gromacki, J.), entered March 9, 2006. The order dismissed the accusatory instrument.

Order reversed on the law, accusatory instrument reinstated and matter remanded to the court below for determination de novo of defendant's motion to dismiss the accusatory instrument on statutory speedy trial grounds after affording defendant a reasonable opportunity to reply to the People's opposition to his motion.

In its return, the court below conceded that it erred in granting defendant's motion to dismiss the accusatory instrument on statutory speedy trial grounds (CPL
30.30) since it failed to take "proper notice" of the People's opposition to the motion. As the People's opposition set forth the statutory exclusions on which they relied to render timely their declaration of trial readiness (People v Berkowitz, 50 NY2d 333, 349 [1980]; see also People v Cortes, 80 NY2d 201, 216 [1992]), it was incumbent on the court, after affording defendant an opportunity to reply thereto, to make the appropriate findings of fact and conclusions of law, and to render a proper determination of the motion's merits. Upon the instant record, it is unclear whether defendant was afforded such an opportunity. Accordingly, we reverse the order, reinstate the accusatory instrument, and remand the matter for determination de novo of defendant's motion.

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: February 28, 2007