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PEOPLE v. BROWN

287 A.D.2d 404 (2001)

731 N.Y.S.2d 704

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW BROWN, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANDREW BROWN, Respondent.

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

Decided October 30, 2001.

Defendant's speedy trial motion was properly denied. With the exception of a 14-day period that the People concede should have been charged against them, the record supports the court's findings of excludability. Accordingly, the chargeable time did not exceed the statutory threshold.

The court properly granted the People's application for a missing witness charge with respect to defendant's half-brother, who lived in the same house as defendant at the time

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