| People v Rivera |
| 2011 NY Slip Op 07275 [88 AD3d 534] |
| October 18, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Angelo Rivera, Appellant. |
—[*1]
Cyrus R. Vance, Jr., District Attorney, New York (David P. Stromes of counsel), for
respondent.
Judgment, Supreme Court, New York County (Renee A. White, J., at speedy trial motion; Daniel P. FitzGerald, J., at jury trial and sentencing), rendered December 11, 2009, convicting defendant of attempted robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.
The court properly denied defendant's speedy trial motion. Defendant did not preserve his claim that the adjournment following the court's decision to order a hearing on defendant's suppression motion should have been charged to the People (see People v Beasley, 16 NY3d 289, 292 [2011]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits (see CPL 30.30 [4] [a]; People v Davis, 80 AD3d 494 [2011]; People v Green, 90 AD2d 705 [1982], lv denied 58 NY2d 784 [1982]). This determination renders the excludability of the remaining challenged period academic. In any event, the other challenged period was properly excluded due to the unavailability of a principal prosecution witness for medical reasons (CPL 30.30 [4] [g]; People v Alcequier, 15 AD3d 162, 163 [2005], lv denied 4 NY3d 851 [2005]).
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Moskowitz, Acosta, Renwick and DeGrasse, JJ.