From Casetext: Smarter Legal Research

People v. Drayton

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1996
226 A.D.2d 171 (N.Y. App. Div. 1996)

Opinion

April 9, 1996

Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).


The trial court properly denied defendant's constitutional speedy trial motion. The record, to the extent provided by defendant, reveals that the delay was not extraordinarily lengthy, was primarily due to the People's efforts to locate eyewitnesses, that the charges were serious and that defendant was not prejudiced by the delay ( People v. Davis, 197 A.D.2d 375, lv denied 82 N.Y.2d 893).

Nor was defendant's sentence excessive. Having received a highly favorable bargain after learning about damaging testimony from an eyewitness, which would have destroyed his self-defense claim, "`defendant should be bound by its terms'" ( supra, at 376), and we see no reason to reduce the sentence.

Concur — Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.


Summaries of

People v. Drayton

Appellate Division of the Supreme Court of New York, First Department
Apr 9, 1996
226 A.D.2d 171 (N.Y. App. Div. 1996)
Case details for

People v. Drayton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD DRAYTON…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 9, 1996

Citations

226 A.D.2d 171 (N.Y. App. Div. 1996)
640 N.Y.S.2d 515