More than 90 days of delay in bringing the detainee to trial on Queens County Indictment No. 2973/96 are chargeable to the prosecution. Since that is the case, CPL 30.30 (2) (a) commands that the detainee must be released on bail which he is capable of meeting or upon his own recognizance ( see, People ex rel. Chakwin v Warden, supra).