The People v. John Coyle
Cite as: The People v. John Coyle, 570760/04, NYLJ 1202584148419, at *1 (App. Tm., 1st, Decided September 19, 2012)
Before: Lowe, III, P.J., Hunter, Jr., JJ.
Decided: September 19, 2012
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Suzanne Mondo, J. on speedy trial motion, A. Kirke Bartley, Jr., J. at trial and sentence; Melissa C. Jackson, J. on remand of speedy trial motion), rendered January 7, 2005, after a jury trial, convicting him of driving while intoxicated and leaving the scene of an accident, and imposing sentence.
Judgment of conviction (Suzanne Mondo, J. on speedy trial motion; A. Kirke Bartley, Jr., J. at trial and sentence; Melissa C. Jackson, J. on remand of speedy trial motion), rendered January 7, 2005, affirmed.
Adopting the analysis set forth by Judge Melissa C.
Jackson in her well-reasoned opinion on remand, we sustain the denial of defendant's speedy trial motion. The contested time periods were properly excluded because they involved motion practice (see CPL 30.30[a]; People v. Davis, 80 AD3d 494 ), because of the absence of defendant and his counsel (see CPL 30.30[c],[f]; People v. Mears, 55 AD3d 439, 440 , lv denied 11 NY3d 927 ), or because they stemmed from adjournments consented to or requested by defense counsel (see CPL 30.30(4)(b); People v. Liotta, 79 NY2d 841, 843 ). Defendant's present claim that the People's August 19, 2002 certificate of readiness was illusory is unpreserved and without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.