Opinion
Decided February 25, 1992
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Ralph Sherman, J.
Todd D. Greenberg for appellant.
Richard A. Brown, District Attorney (Elizabeth Fox of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed and case remitted to the Appellate Division, Second Department, for consideration of issues raised, but not passed upon on the appeal to that court. In this Court the People concede, with commendable candor, that they inadvertently misled the Appellate Division when discussing the facts of our recent decision in People v Correa ( 77 N.Y.2d 930) and that, inasmuch as they failed to declare their readiness for trial in this case, it is indistinguishable from Correa and controlled by it.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.