Opinion
May 28, 1991
Appeal from the Supreme Court, New York County, Leon Becker, J., Herbert Altman, J.
This case was held in abeyance pending determination of defendant's motion to dismiss the indictment pursuant to CPL 30.30. (People v Hancock, 161 A.D.2d 108.) The motion was denied upon the finding that, at most, 130 days of delay were chargeable to the People. We now affirm. Although an additional period of 22 days, between indictment and arraignment, is chargeable to the People as conceded (People v Correa, 77 N.Y.2d 930), the People nevertheless were well within their statutory time frame. The District Attorney was under no obligation to produce the Grand Jury minutes until ordered to do so, and he was entitled to a reasonable time to get them once the court directed their production. (People v Wallace, 100 A.D.2d 634, appeal dismissed 63 N.Y.2d 1035, rearg denied 65 N.Y.2d 638.) The contested periods of time due to the complainant's unavailability were properly excluded, as her extended pregnancy was a special circumstance. (CPL 30.30 [g].) Defendant consented to or waived objection to the remaining periods of delay that he contests on appeal. (CPL 30.30 [b]; People v Lawrence, 64 N.Y.2d 200, 205.)
We find no merit in defendant's claim that his guilt was not established beyond a reasonable doubt.
Concur — Murphy, P.J., Carro, Rosenberger, Kassal and Smith, JJ.