People v. Kastner

Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ross D. Mazer of counsel), for respondent.

Opinion

Judgment, Supreme Court, New York County (Jill Konviser, J. at speedy trial motion; Daniel P. FitzGerald, J. at jury trial and sentencing), convicting defendant of two counts of scheme to defraud in the first degree, and sentencing him to concurrent

terms of one year, unanimously affirmed.

The court properly denied defendant's speedy trial motion. The period from November 16 to December 6, 2010 was correctly excluded as a reasonable time to prepare after the court's decision on defendant's motions (see CPL 30.30[4] [a] ; People v. Davis, 80 A.D.3d 494, 915 N.Y.S.2d 250 [1st Dept.2011] ). The period from January 18 to February 1, 2011 was also correctly excluded since defense counsel actively participated in setting the adjourned date and sought a longer adjournment for his own convenience (see CPL 30.30[4][b] ; People v. Matthews, 227 A.D.2d 313, 642 N.Y.S.2d 682 [1st Dept.1996], lv. denied 88 N.Y.2d 989, 649 N.Y.S.2d 396, 672 N.E.2d 622 [1996] ).

GONZALEZ, P.J., MAZZARELLI, SWEENY, RICHTER, MANZANET–DANIELS, JJ., concur.