Opinion
February 14, 1994
Appeal from the Supreme Court, Kings County (Firetog, J.).
Ordered that the appeal from the order dated January 9, 1992, is dismissed as that order was superseded by the order dated March 24, 1992, made upon reargument; and it is further,
Ordered that the order dated March 24, 1992, is reversed insofar as appealed from, on the law, the order dated January 9, 1992, is vacated, the motions are denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
The Supreme Court erred in holding that the People had no right to take more than four months in perfecting their prior successful appeal (see, People v. Aaron, 172 A.D.2d 842). On the contrary, the People had every right to take nine months and to assume that their compliance with the rules of this Court (see, 22 N.Y.CRR former 670.20 [g]) would shield them from the charge of having unreasonably delayed the prosecution of this case (see, CPL 30.30 [a]; see also, People v. Grafton, 73 N.Y.2d 779, affg 136 A.D.2d 960; People v. Karp, 158 A.D.2d 378, 392 [dissenting opn], revd 76 N.Y.2d 1006; cf., People v. Green, 139 A.D.2d 760). As a matter of law, the People's perfection of their prior appeal within the time fixed by the rules of this Court constituted a reasonable delay within the meaning of CPL 30.30 (4) (a). Therefore, the defendants were not deprived of their right to a speedy trial. Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.