| People v Coyle (John) |
| 2012 NY Slip Op 51799(U) [36 Misc 3d 158(A)] |
| Decided on September 19, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Suzanne Mondo, J. on speedy trial motion, A. Kirke Bartley, Jr., J. at trial and
sentence; Melissa C. Jackson, J. on remand of speedy trial motion), rendered January 7, 2005,
after a jury trial, convicting him of driving while intoxicated and leaving the scene of an accident,
and imposing sentence.
Per Curiam.
Judgment of conviction (Suzanne Mondo, J. on speedy trial motion; A. Kirke Bartley, Jr., J. at trial and sentence; Melissa C. Jackson, J. on remand of speedy trial motion), rendered January 7, 2005, affirmed.
Adopting the analysis set forth by Judge Melissa C. Jackson in her well-reasoned opinion on remand, we sustain the denial of defendant's speedy trial motion. The contested time periods were properly excluded because they involved motion practice (see CPL 30.30[4][a]; People v Davis, 80 AD3d 494 [2011]), because of the absence of defendant and his counsel (see CPL 30.30[4][c],[f]; People v Mears, 55 AD3d 439, 440 [2008], lv denied 11 NY3d 927 [2009]), or because they stemmed from adjournments consented to or requested by defense counsel (see CPL 30.30(4)(b); People v Liotta, 79 NY2d 841, 843 [1992]). Defendant's present claim that the People's August 19, 2002 certificate of readiness was illusory is unpreserved and without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concur
Decision Date: September 19, 2012