In People v. Garrett (182 AD2d 496 [1st Dept]) the case had been adjourned for defense motions. On the adjourned date, defendant announced that he was waiving motions. The Court then adjourned the case from September 30th to November 9th for trial. The Appellate Division held that the motion Court had properly excluded the entire forty day adjournment for trial following the waiver of motions. Garrett involved a charge of Criminal Possession of a Weapon in the Third Degree, arguably a factually simpler charge to prove at trial than Prostitution.