PEOPLE v. TOLENTINO (1999)

Judgment, Supreme Court, New York County (Harold Rothwax and Carol Berkman, JJ., at speedy trial proceedings;  Herbert Altman, J., at nonjury trial and sentence), rendered March 12, 1998, convicting defendant of three counts of criminal possession of stolen property in the fourth degree and one count of criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to three concurrent terms of 11/212 to 3 years and an unconditional discharge, unanimously affirmed.   The matter is remitted to Supreme Court, New York County for further proceedings in accordance with CPL 460.50(5).

Defendant's CPL 30.30 speedy trial motion was properly denied.   The statement of readiness filed by the People was not illusory or otherwise invalid.   When the People declared their readiness for trial it was still possible for defendant to be arraigned on the indictment within the statutory period (People v. Carter, 91 N.Y.2d 795, 676 N.Y.S.2d 523, 699 N.E.2d 35;  People v. Goss, 87 N.Y.2d 792, 642 N.Y.S.2d 607, 665 N.E.2d 177).   The People's actual failure to produce defendant for arraignment had no bearing on the validity of their previously filed statement of readiness, and the ensuing adjournment was concededly excludable for unrelated reasons.   We have considered and rejected defendant's other arguments.

MEMORANDUM DECISION.