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People v Johnson (Michael)
2009 NY Slip Op 52146(U) [25 Misc 3d 132(A)]
Decided on October 22, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Heitler, Shulman, JJ
570438/08.

The People of the State of New York, Respondent,

against

Michael Johnson, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Elise S. Koenderman, J.), rendered June 9, 2008, after a nonjury trial, convicting him of criminal possession of marihuana in the fifth degree, and imposing sentence.


Per Curiam.

Judgment (Elise S. Koenderman, J.), rendered June 9, 2008, affirmed.

The court properly denied defendant's speedy trial motion. That the People had not yet conducted a laboratory test at the time of their declarations of readiness provides no basis for a finding that their announcements of readiness were illusory, inasmuch as the People could have established the elements of the underlying marihuana possession charge without the results of that test (see People v Van Hoesen, 12 AD3d 5, 8-9 [2004], lv denied 4 NY3d 804 [2005]; see also People v Czarnowski, 268 AD2d 701 [2000]; see generally People v Wright, 50 AD3d 429 [2008], lv denied 10 NY3d 966 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2009