Opinion
February 28, 1977
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 6, 1975, convicting him of attempted manslaughter in the second degree, upon his guilty plea, and imposing sentence. The appeal also brings up for review defendant's apparently undisposed of motion to dismiss the indictment for failure to confer a speedy trial. Motion denied and judgment affirmed. By motion made to the Criminal Term, not disposed of prior to defendant's plea taking and not withdrawn by him at that proceeding, as well as on appeal, defendant asserts identical claims of the denial by the People of his right to a speedy trial. After assessing his arguments in accordance with the criteria set forth in Barker v Wingo ( 407 U.S. 514) and People v Taranovich ( 37 N.Y.2d 442), and reviewing the minutes of the court proceedings, which show that most of the adjournments were on consent of, or were requested by defendant, or were occasioned by the absence of his attorney, we are of the opinion that defendant's rights were not violated in this respect (see People v Adams, 38 N.Y.2d 605). Shapiro, Acting P.J., Titone, Hawkins and O'Connor, JJ., concur.