People v. Azcona
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered March 19, 1990, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and resisting arrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
We further find that the period of time following the defendant’s failure to appear and the issuance of a bench warrant was properly excluded (see, CPL 30.30 [4] [c]; People v Worley, 66 NY2d 523, 526, n 2; People v Bolden, 174 AD2d 111; People v Walker, 122 AD2d 654, 655).
Finally, while the court should have charged the People with that portion of the delay following the court’s warning of December 2, 1988, to serve an answer to the defendant’s pretrial motion (see, People v McKenna, 76 NY2d 59), even if that delay is charged to the People, the record demonstrates that they were ready for trial within the statutory period (see, CPL 30.30 [1] [a]). Accordingly, the defendant’s right to a speedy trial was not violated. Thompson, J. P., Harwood, Rosenblatt and Fiber, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.