In People v. McIntosh, (80 N.Y.2d 87 [1992]), the Court of Appeals observed that the ordinarily excludable delay resulting from the People's filing of a notice of appeal (see CPL 30.30 [4] [a]) becomes chargeable upon the People's withdrawal of the notice. In McIntosh, the Court held that where an appeal is withdrawn with the permission of the court, it becomes a "nullity," and is not "taken" within the meaning of Criminal Procedure Law 450.50 (2). The Court also observed that "because a withdrawn appeal by the People is a nullity, it cannot serve as the basis for an exclusion from the time within which the People must be ready for trial pursuant to CPL 30.30," and that "the People's time to become ready will be deemed to have continued to run notwithstanding the CPL 450.20 (8) appeal if, in fact, that appeal is withdrawn before it is determined." (McIntosh, 80 N.Y.2d 87 at 90.)