Defendant's speedy trial motion was properly denied. The following time periods are dispositive: The record establishes that the period from September 14 to October 18, 1995 was excludable for motion practice (see,People v. Sai, 223 A.D.2d 439). The record further establishes that the period form October 25 to December 14, 1995 was excludable because of substitution of counsel. The court properly rejected the People's erroneous concession that some of this time was includable, and defendant was not deprived of the opportunity to litigate this issue (compare,People v. Chavis, 91 N.Y.2d 500, 506). Finally, the record establishes that the period from December 14, 1995 to January 11, 1996 was excludable as newly substituted counsel requested further time to prepare.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.