People v Zarate
2009 NY Slip Op 01152 [59 AD3d 577]
February 10, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Appellant,
v
Charles Zarate, Respondent.

—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani and Thomas Costello of counsel), for appellant.

Bassett & Bassett, P.C., Central Islip, N.Y. (Kerry Sloane Bassett of counsel), for respondent.

Appeal by the People from an order of the County Court, Suffolk County (Kahn, J.), dated October 29, 2007, which granted the defendant's motion to dismiss the indictment pursuant to CPL 210.20 (1) (g) and 30.30 (1) (a).

Ordered that the order is affirmed.

Contrary to the prosecution's contention, the County Court properly granted the defendant's motion to dismiss the indictment on speedy trial grounds (see People v Price, — AD3d —, 2009 NY Slip Op 01146 [2009] [decided herewith]). Mastro, J.P., Angiolillo, Carni and Eng, JJ., concur.