PEOPLE v. JONES (1997)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Maurice JONES, Defendant-Appellant.

Decided: January 21, 1997

Before WALLACH, J.P., and NARDELLI, TOM, MAZZARELLI and ANDRIAS, JJ.

Ann Ehrenpreis Scherzer, for Respondent. Joseph C. Heinzmann, Jr., for Defendant-Appellant.

Judgment, Supreme Court, New York County (Herbert Altman, J., on speedy trial motion; Dorothy Cropper, J., at nonjury trial), rendered February 17, 1994, convicting defendant of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

Defendant's speedy trial motion was properly denied. There is no merit to defendant's argument that the People's failure to explain the delay in production of Grand Jury minutes for inspection renders the entire period of non-production chargeable to the People. On the contrary, a reasonable period is excludable (People v. Harris, 82 N.Y.2d 409, 604 N.Y.S.2d 918, 624 N.E.2d 1013; People v. Lawrence, 222 A.D.2d 279, 635 N.Y.S.2d 223). Moreover, adjournments which are otherwise excludable pursuant to CPL 30.30(4) are excludable from the period of non-production (People v. Taylor, 217 A.D.2d 404, 629 N.Y.S.2d 244).

We have considered defendant's other arguments and find them to be without merit.

MEMORANDUM DECISION.

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