Appellate Division of the Supreme Court of New York, 1998

People v. Keita

People v. Keita
Appellate Division of the Supreme Court of New York · Decided January 8, 1998
246 A.D.2d 338; 666 N.Y.S.2d 911; 1998 N.Y. App. Div. LEXIS 39
People v. Keita

Opinion of the Court

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 un*339supported by the record. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Tom, JJ.

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