PEOPLE v. ROBINSON

ORDERED that the order is reversed, on the law, the defendant's motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The Supreme Court dismissed the indictment upon a finding that the People were not ready for trial within six months of commencement of the action.

The Supreme Court improperly charged the prosecution with 33 days of prereadiness delay between August 7, 1998, and September 9, 1998. On August 7, 1998, the defense counsel stated that he would be on vacation for three weeks during the above period (see, e.g.,People v. Brown, 207 A.D.2d 556, 557 ; People v. Gerstel, 134 A.D.2d 281, 282 ), and he thereafter actively participated in the choice of a date for the adjournment (see, e.g., People v. Acosta, 249 A.D.2d 161 ;People v. Matthews, 227 A.D.2d 313, 314 ; People v. Goodwin, 209 A.D.2d 228 ; see also, People v. Smith, 82 N.Y.2d 676 ). When these 33 days are subtracted from the 184 days charged to the People by the Supreme Court, the People were ready for trial within the six-month period provided by CPL 30.30(1)(a).