Opinion
July 17, 1986
Appeal from the Supreme Court, New York County, Brenda Soloff, J., John Leonforte, J.
As the People readily concede, the court erred in denying defendant's CPL 30.30 motion solely on the ground that the People had, within six months of the commencement of the proceeding, answered ready. In so ruling, the court failed to consider the periods of delay that occurred after the People initially declared their readiness. (See, People v. Anderson, 66 N.Y.2d 529.) Since the People never had a formal opportunity to respond to the motion, there is no record for appellate review. Accordingly, we remand for further proceedings on the motion and disposition thereof.
Concur — Sullivan, J.P., Asch, Fein, Milonas and Ellerin, JJ.