Opinion
June 9, 1995
Appeal from the Onondaga County Court, Mulroy, J.
Present — Green, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: The record does not establish whether defendant was present at the Sandoval hearing. Therefore, we reserve decision and remit the matter to Onondaga County Court for a reconstruction hearing (see, People v. Mitchell, 189 A.D.2d 337).
The court properly denied defendant's motion to dismiss the indictment pursuant to CPL 30.30. Defendant's motion, served and made returnable on the first day of trial, was not made upon reasonable notice to the People (see, CPL 210.45; People v Lawrence, 64 N.Y.2d 200, 203). By failing to follow the statutory procedure, defendant waived his right to a dismissal on speedy trial grounds (see, People v. Lawrence, supra, at 203; People v Harvall, 196 A.D.2d 553, 554, lv denied 82 N.Y.2d 896; People v Weaver, 162 A.D.2d 486, 487, lv denied 76 N.Y.2d 868).
Defendant's remaining contention is without merit.