People v Oliveri

People v Oliveri 2009 NY Slip Op 08943 [68 AD3d 422] December 3, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
John Oliveri, Jr., Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Jennifer Eisenberg of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Tracy Siligmueller of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J., at speedy trial motion; Edward M. Davidowitz, J., at nonjury trial and sentence), rendered July 19, 2004, as amended on or about March 17, 2009 following remand from this Court, convicting defendant of tampering with a witness in the fourth degree, and sentencing him to a term of one year, unanimously affirmed.

The motion court properly excluded the period from December 16, 2002 (when a felony complaint was filed in the instant case) through February 3, 2003 (when the People answered ready), and that ruling is dispositive of the speedy trial motion. Defendant was on trial on a homicide indictment through January 17, 2003 and was sentenced in that case on March 17, 2003. "[A]ll proceedings up until the imposition of sentence are excludable" pursuant to CPL 30.30 (4) (a) (People v Boyd, 189 AD2d 433, 437 [1993], lv denied 82 NY2d 714 [1993]). Furthermore, the delay was reasonable. With respect to the period up to the January 17 verdict in the homicide trial, it would have been impractical for defendant to be on trial in two separate cases at the same time, and with respect to the period from the verdict to February 3, that was "a reasonable period of delay resulting from . . . trial of other charges" within the meaning of CPL 30.30 (4) (a) (emphasis added) (see People v Osorio, 39 AD3d 400 [2007], lv denied 9 NY3d 925 [2007]; People v Fleming, 13 AD3d 102 [2004], lv denied 5 NY3d 788 [2005]). Concur—Gonzalez, P.J., Sweeny, Nardelli and Buckley, JJ.