PEOPLE v. WILLIAMS

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed. On the record this case is indistinguishable from People v Sturgis ( 38 N.Y.2d 625). We need not consider whether a delay in obtaining an indictment arising from the People's decision not to seek indictments against fugitive defendants is excludable as a "period of delay resulting from the absence or unavailability of the defendant" within the meaning of CPL 30.30 (subd 4, par [c]). There is neither proof nor finding in the record supporting the contention that the prosecutor has adopted such a policy or that it was actually the cause of the delay in this case.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.