Opinion
5873
January 15, 2002.
Judgment, Supreme Court, New York County (Herbert Altman, J. on speedy trial motions, Daniel FitzGerald, J. at jury trial and sentence), rendered April 5, 2001, convicting defendant of permitting prostitution, and sentencing him to a term of probation of 1 years and 200 hours of community service, unanimously affirmed.
ALICE WISEMAN, for respondent.
DANIEL M. FELBER, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Saxe, Sullivan, Ellerin, JJ.
The court properly denied defendant's speedy trial motions because the People were chargeable with only 147 days. In this complex, multi-defendant case, the record supports the court's various findings of excludability, including its findings that certain adjournments were on consent (see, People v. Delacruz, 241 A.D.2d 328, lv denied 90 N.Y.2d 939), resulted from defense motions and the People's need for reasonable periods to respond (see, People v. Robinson, 225 A.D.2d 399, 401, lv denied 88 N.Y.2d 884), resulted from unsuccessful plea negotiations and the People's subsequent need for a reasonable time to prepare for trial (see, People v. Delvalle, 265 A.D.2d 174, 175, lv denied 94 N.Y.2d 879;see also, People v. Alvarado, 281 A.D.2d 318, lv denied 96 N.Y.2d 859), or constituted a reasonable time to prepare for trial after denial of defendant's first speedy trial motion (see, People v. Hairston, 242 A.D.2d 466, lv denied 91 N.Y.2d 892). Review of the periods subsequent to the court's denial of defendant's second speedy trial motion, cited in his oral application, is foreclosed (see, CPL 210.45; People v. Lawrence, 64 N.Y.2d 200, 204; People v. Heine, 238 A.D.2d 212). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.