Summary
In People v. Williams, 244 A.D.2d 587, 665 N.Y.S.2d 87 (2d Dept. 1997), for example, the Appellate Division held that a four and one half month delay to obtain blood and saliva samples, perform genetic tests and obtain the written results of such testing was an exceptional circumstance within the meaning of CPL 30.30(4)(g).
Summary of this case from People v. OcasioOpinion
November 24, 1997
Appeal from the County Court, Westchester County (Angiolillo, J.).
Ordered that the judgment is affirmed.
The defendant's contention that his conviction should be vacated because he was denied his right to a speedy trial pursuant to CPL 30.30 is without merit. The trial court correctly concluded that the delays occasioned by the necessity of obtaining blood and saliva samples from the defendant and his two codefendants, performing the genetic tests, and obtaining the written results of those analyses were exceptional circumstances within the meaning of CPL 30.30 (4) (g) (i) ( see, People v. Washington, 43 N.Y.2d 772, 774).
The trial court properly determined that an audiotape of a telephone call to the 911 emergency number placed by the victim shortly after the incident was admissible as an excited utterance ( see, People v. Palmer, 237 A.D.2d 311; People v. Lewis, 222 A.D.2d 1058; see also, People v. Brown, 70 N.Y.2d 513). Moreover, the audiotape was properly authenticated ( see, People v Ely, 68 N.Y.2d 520, 527-528).
The defendant's remaining contention is without merit.
Miller, J. P., Ritter, Altman and Krausman, JJ., concur.