In People v. Notholt, 242 AD2d 251 (1st Dept. 1997), the Appellate Division held that the lower court improperly charged the People with 103 days. In Notholt, the People asserted that the defendant requested and consented to the two adjournments at issue. The defendant failed to challenge the People's assertions. In addition, the court's own notations in the file indicated that these two adjournments were on consent. The court held that at the very least, the People should have been granted the opportunity to obtain the minutes of the adjourned dates if the lower court questioned the adjournment despite defendant's failure to dispute them.