PER CURIAM

Prosecutors appealed from an order that adhered to a prior decision granting Gough's motion to dismiss the accusatory instrument on statutory speedy trial grounds. He was arraigned April 4, 2013 on criminal possession of marijuana charges, and prosecutors announced trial ready. The case was adjourned for open-file discovery. At the July 30, 2013 adjourned court date, prosecutors were not ready for hearings, but volunteered to file a certificate of readiness. The matter was adjourned to Oct. 2013, noting time would continue to be charged to prosecutors until a certificate of readiness was filed, but they never did. Gough moved for dismissal claiming 64 days should be charged to prosecutors for the July 30 through Oct. 2 time. Prosecutors noted they only requested a two day adjournment, thus, should be charged those days, claiming, for the first time, the arresting officer was on a regular day off on July 30, qualifying as an exceptional circumstance in speedy trial calculations. The court granted reargument, adhering to its prior decision finding the request for a two-day adjournment illusory, hence, requested prosecutors file a certificate of readiness. As they failed to comply with the court's order to file the certificate, they were charged with 64 days, and the order was affirmed.

PER CURIAM