People v. Keita

246 A.D.2d 338, 666 N.Y.S.2d 911, 1998 N.Y. App. Div. LEXIS 39

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 8, 1998
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Martin Rettinger, J., on first speedy trial motion; Harold Beeler, J., on second speedy trial motion, plea and sentence), rendered October 14, 1994, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a prison term of 1 year, unanimously affirmed.

Analysis of all five of the Taranovich factors leads us to conclude that defendant was not denied his constitutional right to a speedy trial (CPL 30.20; People v Taranovich, 37 NY2d 442). We specifically note that almost all of the delay resulted either from defendant’s absconding or from motion practice, and that defendant’s claims of prejudice are conclusory and unsupported by the record. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Tom, JJ.