Opinion
December 22, 1995
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Denman, P.J., Lawton, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's motion to dismiss the indictment on speedy trial grounds (see, CPL 30.30). The People's delay in producing Rosario material, namely, the transcript of the Grand Jury minutes, did not affect the People's readiness to proceed (see, People v Anderson, 66 N.Y.2d 529, 536-537; People v Kindlon, 217 A.D.2d 793; cf., People v McKenna, 76 N.Y.2d 59, 61). We further conclude that imposition of the maximum term of imprisonment for felony driving while intoxicated was neither unduly harsh nor severe.