Opinion
April 29, 1993
Appeal from the Supreme Court, New York County, George Roberts, J., Donald Mark, J.
Defendant was indicted in connection with an ongoing police investigation of a large-scale narcotics operation. The motion court properly denied defendant's motion for dismissal of the indictment on the ground that the People failed to establish good cause for a delay of approximately 13 months between the acts which formed the basis for the charges and defendant's arrest herein. As defendant's motion papers contained only conclusory allegations that the acknowledged police investigation was "unjustified" and that he was prejudiced by the passage of time, he raised no issue of fact that would warrant a hearing (People v Coffaro, 52 N.Y.2d 932, 934). On the other hand, the People's response papers showed good cause for the delay in an ongoing investigation involving an undercover officer's attempts to infiltrate a drug trafficking operation and apprehend large-scale suppliers (People v Donovan, 141 A.D.2d 835, lv denied 72 N.Y.2d 1044). In addition, defendant failed to demonstrate any actual prejudice (People v Singer, 44 N.Y.2d 241, 252).
We have considered defendant's various claims of error regarding the trial testimony and find them to be either unpreserved for appellate review as a matter of law (CPL 470.05), or meritless.
As the four possession counts stem directly from the four sale counts, dismissal is warranted in the interest of justice (see, e.g., People v Medina, 171 A.D.2d 559, lv denied 78 N.Y.2d 924).
Concur — Rosenberger, J.P., Ellerin, Asch and Rubin, JJ.