People v. Pharr

204 A.D.2d 126, 612 N.Y.S.2d 115, 1994 N.Y. App. Div. LEXIS 5107

Opinion

—Judgment, Supreme Court, New York County (Patricia Anne Williams, J.), rendered October 27, 1992, convicting defendant, after a jury trial, of criminal possession of stolen property in the third and fourth degrees and assault in the second degree, and sentencing him, as a second felony offender, to a term of 3 Vi to 7 years on the third degree possession count and concurrent terms of 1 year on the remaining counts, unanimously affirmed.

Defendant’s motion to dismiss the indictment on speedy trial grounds was properly denied. The 78-day delay attributable to the two arresting officers’ subsequent injuries, fully documented by medical records, was properly excluded since the injuries constituted exceptional circumstances under CPL 30.30 (4) (g) (People v Zirpola, 57 NY2d 706). The due diligence requirement under this section of the CPL does not require the People to present video-taped testimony to the Grand Jury to minimize any delay. Concur—Rosenberger, J. P., Kupferman, Asch, Nardelli and Williams, JJ.