People v. KopciowskiPeople v. Kopciowski
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the indictment reinstated.
Defendant on June 2, 1983 was arraigned in Justice Court on misdemeanor charges of driving while under the influence of alcohol, speeding and failing to keep to the right side of the highway. Between June 2 and October 4, 1983, defendant secured several adjournments — to obtain counsel, for motions, and for trial preparation. On October 4, the People, having discovered that defendant had within the past 10 years been convicted of driving while intoxicated (which under Vehicle and Traffic Law § 1192 [5] makes a second statutory violation a felony) secured an adjournment to lay a felony complaint. Defendant was arraigned November 1 and indicted February 8, 1984, for driving while intoxicated, speeding and failing to keep to the right side of the highway. On February 17, the People announced their readiness for trial. Concluding that the People knew or should have known on June 3 of defendant’s earlier conviction, that the periods of adjournment directed to the misdemeanor trial were not excludable, and that the People therefore were not ready for trial within the time provided by
Defendant’s requested adjournments in the period between June 2 and October 4 must be excluded in determining the People’s compliance with
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur in memorandum; Judge Hancock, Jr., taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (