Summary
In People v Andrews (102 AD2d 894), defendant's speedy verdict claim was dismissed because "the defendant did not protest the length of the adjournment and, indeed, acquiesced in it".
Summary of this case from People v. MorrisOpinion
June 25, 1984
Appeal by defendant from a judgment of the Supreme Court, Kings County (Felig, J., at suppression hearing; Goldberg, J., at trial and sentence), rendered December 13, 1979, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence. ¶ Judgment affirmed. ¶ The circumstantial evidence is more than sufficient to sustain the conviction (see People v Dordal, 55 N.Y.2d 954; People v. Benzinger, 36 N.Y.2d 29) and the motion to suppress was properly denied ( People v. Chestnut, 51 N.Y.2d 14, cert den 449 U.S. 1018; People v. Boodle, 47 N.Y.2d 398, cert den 444 U.S. 969; People v. Rivera, 67 A.D.2d 867). ¶ Insofar as defendant claims that the 27-day delay between the conclusion of summations and the verdict after a nonjury trial violated CPL 350.10 and the due process clause, we note that the defendant did not protest the length of the adjournment and, indeed, acquiesced in it. Thus, the issue has not been preserved for appellate review (CPL 470.05, subd 2; see People v. South, 41 N.Y.2d 451, 453-454). Reversal is not warranted in any event since the court's actions were reasonable (the Judge was to be transferred to Staten Island the next day and would not be returning to Brooklyn for 27 days) and defendant was not prejudiced. ¶ Finally, the sentence imposed was commensurate with the seriousness of defendant's crimes and there is no basis for us to substitute our discretion for that of the sentencing court. Titone, J.P., Lazer, Mangano and O'Connor, JJ., concur.