People v. Brown

138 A.D.3d 491, 28 N.Y.S.3d 300

Opinion

Judgment, Supreme Court, New York County (Budd G. Goodman, J., at dismissal motion; Harold Rothwax, J., at jury trial and sentencing), rendered November 15, 1995, convicting defendant of absconding from temporary release in the first degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The circumstances surrounding defendant’s failure to comply with the reporting requirement of his work release program support the inference that defendant acted intentionally.

The motion court, after considering the Taranovich factors (People v Taranovich, 37 NY2d 442 [1975]), properly determined that although the 26-month prearrest delay was lengthy, and although defendant could have been charged sooner, the delay was not intended to obtain a tactical advantage relating to the absconding charge, but was the result of a determination, made in good faith, that a continuing homicide investigation required deferral of the absconding prosecution (see People v Singer, 44 NY2d 241, 254 [1978]). Defendant did not experience any period of pretrial incarceration due to the absconding charge, and he was not prejudiced by the delay (see People v Decker, 13 NY3d 12 [2009]).

Concur — Friedman, J.P., Sweeny, Saxe, Richter and Kahn, JJ.