Per Curiam
Prosecutors appealed from an order denying their motion to deem the accusatory instrument facially sufficient, and granting Valentine's motion to dismiss. Valentine, charged with criminal obstruction of breathing or blood circulation, among other things, as the complaint alleged he placed his hands around complainant's neck and squeezed. Prosecutors filed a superseding accusatory instrument, but no supporting deposition was filed, and they filed a statement of readiness. Defense counsel argued the superseding accusatory instrument was not an information as it contained hearsay statements by complainant. Prosecutors argued complainant's statements were excited utterances, but the court ruled the accusatory instrument was not an information, and subsequently dismissed it. The panel found, under the circumstances evidenced, the statements were excited utterances, which were exceptions to the hearsay rule, and admissible. Hence, the superseding information was facially sufficient and prosecutors' statement of readiness was not illusory. Thus, it ruled the 90 day period prosecutors had to be ready for trial under Criminal Procedure Law §30.30 had yet to expire, and Valentine's motion should have been denied.
