In People v. Williams, 244 AD2d 587, 665 N.Y.S.2d 87 (1997) the Second Department upheld a trial court's ruling that excluded delays caused by DNA sampling, testing and reporting under CPL § 30.30 (4) (g).
In that case there was a four-and-one-half-month delay from the time the samples were taken to the time that the defendant made a motion to dismiss.
The lower court found that there had been "no showing that the time consumed by the tests was other than reasonable and necessary to obtain valid genetic test results."
Therefore, the court found the time to be excludable under CPL § 30.30 (4) (g), noting that CPL § 30.30 was intended only to address those delays occasioned by prosecutorial inaction, not cases where the People had made a diligent effort to obtain evidence. (People v. Williams, 163 Misc 2d 212 at 222, 620 N.Y.S.2d 710.)