People v. Wise

199 A.D.2d 981, 608 N.Y.S.2d 924, 1993 N.Y. App. Div. LEXIS 12569

Opinion

Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: Considering the factors mandated by CPL 210.40 (1), we conclude that dismissal of the indictment is not warranted (see, People v Rickert, 58 NY2d 122; People v Rucker, 144 AD2d 994, lv denied 73 NY2d 926). This is not one of those " 'rare’ ” and " 'unusual’ ” cases that " 'cries out for fundamental justice beyond the confines of conventional considerations’ ” (People v Insignares, 109 AD2d 221, 234, lv denied 65 NY2d 928). We further conclude that the record fails to establish that defendant was denied his constitutional right to a speedy trial (see, People v Taranovich, 37 NY2d 442, 445). (Appeal from Order of Monroe County Court, Marks, J.—Dismiss Indictment.) Present—Denman, P. J., Pine, Lawton, Doerr and Boehm, JJ.