People v Osorio (Adalverto)

[*1] People v Osorio (Adalverto) 2015 NY Slip Op 50296(U) Decided on March 9, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 9, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
571042/13

The People of the State of New York, Appellant,

against

Adalverto Osorio, Defendant-Respondent.

The People appeal from an order of the Criminal Court of the City of New York, Bronx County (Doris M. Gonzalez, J.), dated November 7, 2012, which granted defendant's motion to dismiss the accusatory instrument pursuant to CPL 30.30.

Per Curiam.

Order (Doris M. Gonzalez, J.), dated November 7, 2012, reversed, on the law and the facts, accusatory instrument reinstated and matter remanded for further proceedings on defendant's speedy trial motion.

Defendant's 30.30 motion should not have been summarily granted. The prosecutor's affirmation in opposition to the motion was sufficient to create a factual issue requiring a hearing (see People v Santos, 68 NY2d 859 [1986]; People v Alcequier, 15 AD3d 162 [2005], lv denied 4 NY3d 851 [2005]) as to whether substantial portions of the adjournment periods of April 23, 2012 to June 18, 2012, and June 18, 2012 to July 23, 2012, should be excluded from speedy trial calculation as post-readiness delays in excess of the People's specific adjournment requests (see People v Bailey, 221 AD2d 296 [1995]). Contrary to the conclusion reached below, the People were not required to submit the minutes of the underlying adjournment dates with their opposition papers (see People v Lacey, 260 AD2d 309, 311-312 [1999], lv denied 93 NY2d 1003 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 09, 2015