Opinion
October 5, 2000.
Judgment, Supreme Court, New York County (James Yates, J., on speedy trial motion; Frederic Berman, J., at jury trial and sentence), rendered June 11, 1996, convicting defendant of criminal sale of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to two consecutive terms of 4 1/2 to 9 years concurrent with a term of 1 year, unanimously affirmed.
Alice Wiseman, for respondent.
Michael E. Lipson, for defendant-appellant.
Before: Mazzarelli, J.P., Ellerin, Wallach, Rubin, Saxe, JJ.
Defendant's speedy trial motion was properly denied. The following time periods are dispositive: The record establishes that the period from September 14 to October 18, 1995 was excludable for motion practice (see,People v. Sai, 223 A.D.2d 439). The record further establishes that the period form October 25 to December 14, 1995 was excludable because of substitution of counsel. The court properly rejected the People's erroneous concession that some of this time was includable, and defendant was not deprived of the opportunity to litigate this issue (compare,People v. Chavis, 91 N.Y.2d 500, 506). Finally, the record establishes that the period from December 14, 1995 to January 11, 1996 was excludable as newly substituted counsel requested further time to prepare.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.