PEOPLE v. PHARR

Defendant's motion to dismiss the indictment on speedy trial grounds was properly denied. The 78-day delay attributable to the two arresting officers' subsequent injuries, fully documented by medical records, was properly excluded since the injuries constituted exceptional circumstances under CPL 30.30 (4) (g) (People v. Zirpola, 57 N.Y.2d 706). The due diligence requirement under this section of the CPL does not require the People to present video-taped testimony to the Grand Jury to minimize any delay.

Concur — Rosenberger, J.P., Kupferman, Asch, Nardelli and Williams, JJ.