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People v. Ailes

268 A.D.2d 370 Court N.Y. App. Div. Decision date 2000-01-25 English

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p. 370
The People of the State of New York, Respondent, v Emery Ailes, Appellant.
[700 NYS2d 831]

—Judgment, Supreme Court, New York County (Franklin Weissberg, J., on speedy trial motion; Jeffrey Atlas, J., at jury trial and sentence), rendered April 1, 1997, convicting defendant of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s speedy trial motion was properly denied. The adjournment of October 24, 1995, which is dispositive of the speedy trial issue, was properly excluded as a reasonable time for the People to prepare for a suppression hearing (see, People v Green, 90 AD2d 705 , lv denied 58 NY2d 784 ). This constituted “a reasonable period of delay resulting from * * * pretrial motions” within the meaning of CPL 30.30 (4) (a).

The revised Sandoval ruling was an appropriate exercise of the trial court’s discretion (see, People v Pavao, 59 NY2d 282 , 292; People v Ramos, 255 AD2d 203 , lv denied 93 NY2d 856 ). Concur—Sullivan, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.

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