In People v Sturgis (38 NY2d 625) a felony complaint was filed on April 2, 1973 and the defendant was indicted on November 2, 1973, more than six months after the action commenced. During part of that period, the defendant was absent. Nonetheless, that absence did not result in any excludable delay because it did not prevent the People from obtaining an indictment (38 NY2d at 628). The Court of Appeals held that for time to be excludable under CPL 30.30 (4) (c), more than mere absence or unavailability on the part of a defendant must be shown. The delay must result from the defendant's absence or unavailability (id.). In Sturgis, the defendant, after being charged by felony complaint, absconded. Because the defendant's absence, deliberate as it was, did not prevent the People from presenting the case to the Grand Jury, the time was still chargeable to the People.