People v. Greene
| Decision Date | 25 January 1996 |
| Citation | 223 A.D.2d 474,637 N.Y.S.2d 79 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Kenneth GREENE, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
D. Sampson, for Respondent.
K. Casey, for Defendant-Appellant.
Before MURPHY, P.J., and SULLIVAN, WALLACH, KUPFERMAN and ROSS, JJ.
Judgment, Supreme Court, New York County (John Bradley, J., on speedy trial motion; Angela Mazzarelli, J., at trial and sentence), rendered January 23, 1992, convicting defendant, after a jury trial, of assault in the second degree and attempted burglary in the third degree, and sentencing him, as a persistent felony offender, to concurrent terms of 15 years to life, unanimously affirmed.
Defendant's speedy trial motion was properly denied as only 138 includable days elapsed before the People announced their readiness for trial. Given the nature of the parties' contentions, only a few disputed adjournments require discussion. On January 31, 1990, defendant was not produced by the Department of Correction to testify before the Grand Jury, and an indictment was voted without affording him the opportunity to testify. Defense counsel then requested that the People not file the indictment since he intended to file a habeas corpus motion, which he did on February 16, 1990 and which application was denied the same day. Although delays due to the non-production of a defendant are generally chargeable to the People (see, People v. Anderson, 66 N.Y.2d 529, 498 N.Y.S.2d 119, 488 N.E.2d 1231; People v. Daniels, 217 A.D.2d 448, 630 N.Y.S.2d 5), here, defense counsel's request to delay the filing of the indictment directly affected the People's readiness, and this period is excludable as an adjournment requested by the defendant (see, CPL 30.30[4][b]; People v. Daniels, 630 N.Y.S.2d 5, supra ). On June 25, 1990, the court rendered its decision on defendant's omnibus motion and granted him a Wade hearing. Since the prosecution could not be expected to be ready for such hearing immediately, this period is excludable (see, People v. Douglas, 156 A.D.2d 173, 174, 548 N.Y.S.2d 217, citing People v. Green, 90 A.D.2d 705, 706, 455 N.Y.S.2d 368).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The victim of the assault observed defendant at close range, in good lighting, while defendant made repeated demands for the key to the premises, and then savagely beat the victim...
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...time, this adjournment is excludable pursuant to People v. Reed , 19 A.D.3d 312, 798 N.Y.S.2d 47 (1st Dept. 2005) ; People v. Greene , 223 A.D.2d 474, 637 N.Y.S.2d 79 (1st Dept. 1996). But see People v. Collins , 190 Misc. 2d 72, 735 N.Y.S.2d 912 (App. Term 2d Dept. 2001).0 chargeable days.......
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