People v. Washington
Opinion of the Court
Memorandum: Defendant contends that he was denied his constitutional right to a speedy trial (CPL 30.20). Analysis of that contention employing the five factors set forth in People v Taranovich (37 NY2d 442, 445) leads to the conclusion that defendant’s claim is without merit. Defendant was brought to trial 13 months after
Although it was error for the court to refuse to grant defense counsel’s request to charge the jury that reasonable doubt could be found in a lack of evidence (see, 1 CJI [NY] 6.20 pp 249, 251; People v Owens, 97 AD2d 855, 856, revd on other grounds 63 NY2d 824), such error is amenable to harmless error analysis (see, People v Ostin, 62 AD2d 1004). Here, where the evidence established that defendant was surprised inside the burglarized premises by the homeowner and held by him until the arrival of the police, the evidence of guilt was overwhelming and the error is rendered harmless. (Appeal from judgment of Monroe County Court, Celli, J. — attempted burglary, second degree.) Present — Denman, J. P., Boomer, Green, Pine and Balio, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.