Opinion
2011-03-29
The PEOPLE, etc., respondent, v. Kenneth ROBINSON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Emil Bricker of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Emil Bricker of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 22, 2008, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied his motion to dismiss the indictment based on preindictment delay. The People established,*372inter alia, good cause for the delay and that the other relevant factors favor the prosecution ( see People v. Decker, 13 N.Y.3d 12, 884 N.Y.S.2d 662, 912 N.E.2d 1041;People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303;People v. Finkelstein, 75 A.D.3d 652, 904 N.Y.S.2d 674;People v. Jones, 267 A.D.2d 250, 699 N.Y.S.2d 447;People v. Lee, 234 A.D.2d 140, 652 N.Y.S.2d 2).
The defendant's remaining contention is without merit.