Judge John H. Wilson
McKiver was charged with aggravated unlicensed operation of a motor vehicle in the second degree, an unclassified misdemeanor, and related charges. He sought dismissal of the complaint pursuant to CPL §30.30, asserting that prosecution failed to comply with the time limitations imposed upon the prosecution of misdemeanors by that section. Defendant sought a ruling that all time be charged for an adjournment between June 14, 2010, and Oct. 18, 2010. The court reviewed the court file, defendant’s motion and prosecution’s response with attached exhibits. The court then denied defendant’s motion, holding that the prosecution is charged with 26 days in this matter. It determined that the adjournment was not charged to the prosecution, as minutes of a calendar call for June 14, 2010, revealed that the adjournment was for the benefit of McKiver, to place him in a better position to plea bargain. The court noted that it was its intention to adjourn this matter to give defendant time to clear his license and receive a better plea offer from the prosecution.
