PEOPLE v. NEWBORN (2007)

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered October 14, 2004, convicting him of sodomy in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court properly denied the defendant's speedy trial motion.   Contrary to the defendant's contention, the People were diligent in their efforts to produce the defendant, who was held in custody in Nassau County (see CPL 30.30[4][e];  People v. Myron, 28 A.D.3d 681, 814 N.Y.S.2d 198;  cert. denied 549 U.S. 1326, 127 S.Ct. 1919, 167 L.Ed.2d 572 [2007];  People v. Parker, 186 A.D.2d 593, 588 N.Y.S.2d 390;  People v. Gilbert, 142 A.D.2d 686, 531 N.Y.S.2d 103).   The People filed writs of habeas corpus to compel the defendant's production on scheduled court dates.   Therefore, the periods of delay resulting from the defendant's non-production on such dates are not chargeable to the People (see CPL 30.30[4][e] ).   After subtracting periods of delay which were due to the defendant's pretrial motion practice (see CPL 30.30 [4][a] ), and adjournments either requested or consented to by the defendant (see CPL 30.30[4][b] ), the total time chargeable to the People was within the permitted six calendar months (see CPL 30.30[1][a];  People v. Kendzia, 64 N.Y.2d 331, 486 N.Y.S.2d 888, 476 N.E.2d 287;  People v. Clark, 11 A.D.3d 706, 784 N.Y.S.2d 563;  People v. Echols, 213 A.D.2d 721, 624 N.Y.S.2d 954).

The defendant's remaining contentions are without merit or do not require reversal.