
    The People of the State of New York, Appellant, v Maurice Williams, Respondent.
    Decided June 8, 1982
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney (Susan Corkery of counsel), for appellant.
    
      Elaine Stogel and William E. Hellerstein for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed. On the record this case is indistinguishable from People v Sturgis (38 NY2d 625). We need not consider whether a delay in obtaining an indictment arising from the People’s decision not to seek indictments against fugitive defendants is excludable as a “period of delay resulting from the absence or unavailability of the defendant” within the meaning of CPL 30.30 (subd 4, par [c]). There is neither proof nor finding in the record supporting the contention that the prosecutor has adopted such a policy or that it was actually the cause of the delay in this case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  