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THE PEOPLE, app v. MAURICE HOLMES, def-res

15-251. THE PEOPLE, app v. MAURICE HOLMES, def-res — Order (Shari R. Michels, J.), dated February 14, 2014, reversed, on the law, motion denied, and the charges of third degree assault (one count), menacing (one count), criminal possession of marijuana in the fifth degree, unlawful possession of marijuana, and second degree harassment (one count) reinstated, and matter remanded to Criminal Court for further proceedings.

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15-251. THE PEOPLE, app v. MAURICE HOLMES, def-res — Order (Shari R. Michels, J.), dated February 14, 2014, reversed, on the law, motion denied, and the charges of third degree assault (one count), menacing (one count), criminal possession of marijuana in the fifth degree, unlawful possession of marijuana, and second degree harassment (one count) reinstated, and matter remanded to Criminal Court for further proceedings.

Defendant’s 30.30 motion should have been denied in its entirety. The 49-day period at issue was excludable under CPL 30.30(4)(g), which allows exceptional circumstances, such as the unavailability of a prosecution witness for medical reasons, to justify periods of delay not expressly covered by the statute, even in the absence of a formal continuance (see People v. Goodman, 41 NY2d 888 [1977]). The People made a sufficient showing of exceptional circumstances through their unchallenged representations of the arresting police officer’s unavailability due to legitimate medical reasons (see People v. Alcequier, 15 AD3d 162 [2005], lv denied 4 NY3d 851 [2005]; People v. Celestino, 201 AD2d 91, 95 [1994]). Deduction of this 49-day period from the total 100 days found by the motion court brings the time chargeable to the prosecution within the 90-day statutory period.

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