Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on the defendant's motion to dismiss the indictment on the ground that he was denied the right to a speedy trial, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, is to file its report with all convenient speed.
Review of the defendant's papers in support of his motion to dismiss the indictment on speedy trial grounds, the People's opposition papers, and the defendant's reply papers reveals many genuine and material issues of fact that can only be properly resolved at a hearing ( see, CPL 210.45, [6]; People v Santos, 68 N.Y.2d 859, 861-862; People v Berkowitz, 50 N.Y.2d 333, 349; cf., People v Gruden, 42 N.Y.2d 214, 215, 217-218). Although the calendar and file jacket notations appear to confirm the People's contention and the Supreme Court's finding that the People met their burden of demonstrating sufficient excludable time, the parties were in complete disagreement about what occurred on the various court dates.
The hearing court shall provide this Court with a record that will permit review of the evidentiary basis upon which it makes its findings with regard to, among other things, the date on which the People declared their readiness for trial. Miller, J.P., Hart, Friedmann and Florio, JJ., concur.