Appeal from an order of the Justice Court of the Town of Greenburgh, Westchester County (Doris T. Friedman, J.), entered March 14, 2008. The order granted defendant's motion to dismiss the information.

Order reversed, on the law, defendant's motion to dismiss the information denied, information reinstated, and matter remitted to the Justice Court for all further proceedings.

Defendant moved to dismiss the information charging him with sexual misconduct (Penal Law § 130.20 [1]) on the ground that he was denied his right to a speedy trial pursuant to CPL 30.30 (1) (b). The Justice Court granted said motion and dismissed the information. The instant appeal by the People ensued.

It is uncontroverted that the People filed a misdemeanor complaint on May 10, 2007, thereby commencing the action (see CPL 100.05). Defendant was arraigned on said complaint on May 11, 2007. The case was adjourned on May 15, 2007, June 1, 2007, July 6, 2007 and July 27, 2007, at defendant's request. On the next adjourned date of August 2, 2007, the case was adjourned to August 30, 2007 for trial. It is unclear from the record whether that adjournment was also made at defendant's request or with his consent. On August 30, 2007, the People were not ready for trial and the case was adjourned to September 28, 2007. The People filed a supporting deposition, converting the complaint to an information, and a statement of readiness on September 17, 2007. On September 28, 2007, defendant filed his motion to dismiss the [*2]information pursuant to CPL 30.30 (1) (b).

Contrary to defendant's contention and the determination of the Justice Court, the People are not chargeable with the entire time period from the filing of the misdemeanor complaint on May 10, 2007 until the filing of the supporting deposition and statement of readiness on September 17, 2007. Any delays prior to the conversion of the misdemeanor complaint to an information as a result of adjournments requested or consented to by defendant are not chargeable to the People (see People v Worley, 66 NY2d 523 [1985]).

If defendant did not request or consent to the adjournment from August 2, 2007 to August 30, 2007, the People would be chargeable with that 28-day adjournment, as the People had still not declared readiness. In addition, because the People filed a statement of readiness on September 17, 2007, they are only chargeable with 18 days of the adjournment from August 30, 2007 to September 28, 2007.

Therefore, since the People were chargeable with less than 90 days, defendant's motion to dismiss the information pursuant to CPL 30.30 (1) (b) should have been denied.

Tanenbaum, J.P., Molia and LaCava, JJ., concur.
Decision Date: February 27, 2009