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PEOPLE v. McFALINE

7848. 4184N/15.

167 A.D.3d 465 (2018)

89 N.Y.S.3d 160

2018 NY Slip Op 08442

The People of the State of New York, Respondent, v. Andrew McFaline, Appellant.

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

Decided December 11, 2018.

The court properly denied defendant's CPL 30.30 speedy trial motion. The motion turned on certain adjournments attributable to the unavailability of a retired detective, for reasons relating to his relocation to Florida, his own medical condition, and his need to visit his seriously ill father in Puerto Rico. These adjournments were correctly excluded as "occasioned by exceptional circumstances" (CPL 30.30 [4] [g]; People v Goodman, 41 N.Y.2d 888<...

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