People v. Frost

293 A.D.2d 319, 739 N.Y.S.2d 818, 2002 N.Y. App. Div. LEXIS 3610

Opinion

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered October 23, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

After balancing all of the relevant factors (see, People v Taranovich, 37 NY2d 442), we conclude that defendant’s constitutional speedy trial motion was properly denied. Most of the 37V2 month delay was attributable to defendant, including a period in which defendant absconded, and there has been no showing of prejudice. The fact that the original indictment was defective and had to be superseded caused only a short period of actual delay. Concur—Williams, P.J., Saxe, Lerner, Rubin and Marlow, JJ.