Judge Elizabeth Warin

Pullutasig moved to dismiss the accusatory instrument charging him with operating a motor vehicle under the influence of alcohol or drugs, among other things, under speedy trial grounds. Prosecutors were required to be trial ready within 90 days of arraignment. They answered ready and the case was adjourned for discovery by stipulation (DBS), but then answered not ready on the next court date. It was then also discovered the complaint remained unconverted and the case was adjourned for conversion. Prosecutors filed a supporting deposition and statement of readiness off-calendar. The court noted where prosecutors answered ready on an unconverted complaint at arraignment in error, the statement of readiness was deemed to be illusory. The sole issue was if prosecutors should be charged for the time from Pullutasig's arraignment until the first adjournment—explicitly designated for DBS, thus ordinarily excluded. The court found no basis not to apply the usual exclusion for motion practice for DBS, ruling the adjournment from arraignment to the Nov. 17, 2016 adjourn date for DBS was properly excludable under CPL §30.30(4)(a), and not chargeable to prosecutors. Thus, as prosecutors were charged with 68 days, dismissal was denied.