People v. Worley — 201 A.D.2d 520

Majority

p. 520

The People of the State of New York, Appellant, v Philip Worley, Respondent.

[607 NYS2d 408]

Appeal by the People from an order of the Supreme Court, Queens County (Eng, J.), dated June 1, 1992, which, upon reargument, granted the defendant’s motion to dismiss the indictment on speedy trial grounds pursuant to CPL 30.30.

Ordered that the order is affirmed.

Contrary to the People’s contentions, the court properly charged them with a period of time which elapsed between the dismissal of an earlier indictment and the defendant’s subsequent arraignment on a superseding indictment (People v Cortes, 80 NY2d 201 , 211-212; People v Palacios, 79 NY2d 897 ; People v Correa, 77 NY2d 930 ).

The court also properly declined to exclude a period of delay which occurred after the People, without excuse, failed to produce the pro se defendant for a scheduled Wade hearing. Further, we reject the People’s assertions that under the

p. 521

circumstances presented, the defendant’s legal advisor could permissibly waive the defendant’s right to be present at the Wade hearing (see, People v Morales, 80 NY2d 450 ; People v Dokes, 79 NY2d 656 ; People v Anderson, 16 NY2d 282 ; see also, People v Jones, 66 NY2d 529 , 543).

We have reviewed the People’s remaining contentions and find them to be without merit. Thompson, J. P., Rosenblatt, Altman and Hart, JJ., concur.

Cases cited

People v. Cortes 80 NY2d 201 N.Y. 1992-10-20 at 211-212 p. 520
People v. Correa 77 NY2d 930 N.Y. 1991-04-04 p. 520
People v. Morales 80 NY2d 450 N.Y. 1992-12-17 p. 521
People v. Dokes 79 NY2d 656 N.Y. 1992-06-11 p. 521
People v. Anderson 16 NY2d 282 N.Y. 1965-12-30 p. 521
People v. Anderson 66 NY2d 529 N.Y. 1985-12-26 at 543 p. 521