People v. Wentworth

Appellate Division of the Supreme Court of New York

People v. Wentworth

77 A.D.3d 519, 908 N.Y.S.2d 879

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 2010

StatusPublished

This text of 77 A.D.3d 519 (People v. Wentworth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Wentworth, 77 A.D.3d 519, 908 N.Y.S.2d 879 (N.Y. Ct. App. 2010).

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Opinion

[520]*520Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J., at speedy trial motion; Joseph J. Dawson, J., at nonjury trial and sentence), rendered February 1, 2007, as amended September 25, 2007, convicting defendant of operating a motor vehicle while under the influence of alcohol, and sentencing him to time served, unanimously affirmed.

The court properly denied defendant’s constitutional speedy trial motion (see People v Taranovich, 37 NY2d 442 [1975]). Although the pretrial delay was unusually lengthy for an intoxicated driving case, only a small fraction of the delay was attributable to the People, and defendant’s argument to the contrary is without merit. The record also fails to support defendant’s claims of prejudice. Concur—Sweeny, J.P., Freedman, Richter, Manzanet-Daniels and Román, JJ.

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[520]*520Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J., at speedy trial motion; Joseph J. Dawson, J., at nonjury trial and sentence), rendered February 1, 2007, as amended September 25, 2007, convicting defendant of operating a motor vehicle while under the influence of alcohol, and sentencing him to time served, unanimously affirmed.

The court properly denied defendant’s constitutional speedy trial motion (see People v Taranovich, 37 NY2d 442 [1975]). Although the pretrial delay was unusually lengthy for an intoxicated driving case, only a small fraction of the delay was attributable to the People, and defendant’s argument to the contrary is without merit. The record also fails to support defendant’s claims of prejudice. Concur—Sweeny, J.P., Freedman, Richter, Manzanet-Daniels and Román, JJ.

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Bluebook (online)

77 A.D.3d 519, 908 N.Y.S.2d 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wentworth-nyappdiv-2010.

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