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PEOPLE v. BRATTON

103 A.D.2d 368 (1984)

The People of the State of New York, Appellant, v. Quenton Bratton, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 24, 1984

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Maryanne Luciano and Gerald D. Reilly of counsel), for appellant.

Stephen J. Pittari (Allen Focarile of counsel), for respondent.

MOLLEN, P. J., TITONE and RUBIN, JJ., concur.

LAZER, J.

The "speedy trial" statute provides that the People may not be charged with "the period of delay resulting from the absence or unavailability of the defendant" (CPL 30.30, subd 4, par [c]). In People v Sturgis (38 N.Y.2d 625), the Court of Appeals qualified the People's right to rely on the absence provision by requiring a showing that the defendant's absence actually delayed the People's readiness...

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