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THE PEOPLE, res, v. MANNY POLANCO, def-app

11-495. THE PEOPLE, res, v. MANNY POLANCO, def-app — Judgment of conviction (Michael J. Yavinsky, J. at first speedy trial motion; Anthony J. Ferrara, J. at second speedy trial motion, hearings and trial), rendered April 15, 2011, affirmed.

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11-495. THE PEOPLE, res, v. MANNY POLANCO, def-app — Judgment of conviction (Michael J. Yavinsky, J. at first speedy trial motion; Anthony J. Ferrara, J. at second speedy trial motion, hearings and trial), rendered April 15, 2011, affirmed.

Defendant’s speedy trial motions were properly denied. On this record, there is no proof that the People’s readiness statements did not accurately reflect their position (see People v. Brown, 28 NY3d 392 [2016]; People v. Sibblies, 22 NY3d 1174 [2014]). The People’s request for a three day adjournment on October 18, 2010 to obtain a calibration report does not establish that their prior statements of readiness were illusory. It is not the calibration report, but proof of the operability of the breathalyzer, that is necessary to lay a prima facie foundation for admission of the breathalyzer test results (see People v. Zale, 137 AD3d 634, 635 [2016], lv denied 27 NY3d 1141 [2016]). “Therefore, the People’s delay in obtaining and producing the calibration report…does not render their prior statements of readiness illusory” (id. at 635). The People could legitimately declare their readiness while gathering additional evidence to strengthen their case (see People v. Wright, 50 AD3d 429, 430 [2008], lv denied 10 NY3d 966 [2008]; People v. Rouse, 4 AD3d 553, 556 [2004], lv denied 2 NY3d 805 [2004]).

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