Opinion
September 30, 1997
Appeal from Order of Genesee County Court, Griffith, J.
Present — Green, J.P., Lawton, Hayes, Wisner and Boehm, JJ.
We reject the People's contention that the period between September 14, 1995 and April 11, 1996, the date when the matter was finally scheduled for presentment to the Grand Jury, is excludable as incident to the conclusion of plea negotiations. "[A]s a general rule, the time `"incident to the conclusion of plea negotiations"' is chargeable to the People" ( People v. Suppe, 224 A.D.2d 970, quoting People v. Brown, 206 A.D.2d 326, 327, lv denied 84 N.Y.2d 933; see, People v. Correa, 77 N.Y.2d 930, 931). The People failed to meet their burden of establishing that such time was excludable ( see, People v. Collins, 82 N.Y.2d 177, 181-182; People v. Cortes, 80 N.Y.2d 201, 215-216).
Under the circumstances, the court properly found that the period between September 14, 1995 and April 11, 1996, a total of 208 days, is chargeable to the People. That period together with the 130-day period that the People concede is chargeable to them totals 338 days, well over the statutory time limit for trial readiness.