PEOPLE v. SINANAJ

ORDERED that the judgment is affirmed.

As a general rule, when a defendant stands accused of a felony, the indictment must be dismissed unless the People are ready for trial within six months of the commencement of the criminal action (see, CPL 30.30[a]). However, CPL 30.30(4)(g) excludes periods of delay "occasioned by exceptional circumstances," and subsection [i] provides that "exceptional circumstances" may include the "unavailability of evidence material to the People's case," as long as the People have exercised "due diligence" to obtain such evidence (see generally, People v. Zirpola, 57 N.Y.2d 706, 708). The People sufficiently established that the 16-year-old complaining witness was unavailable due to the emotional trauma caused by her brother, the defendant, who shot her in the face in an attempt to kill her (see, People v. Lashway, 187 A.D.2d 747, 749; People v. Matthews, 227 A.D.2d 313, 314). Thus, the entire 9 1/2 month period was excludable as an "exceptional circumstance" under CPL 30.30(4)(g)(i). In addition, the People's diligence in pursuing the matter and in attempting to persuade the victim to testify are apparent from the record.

The defendant's remaining contention is without merit.

KRAUSMAN, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.