Opinion
June 1, 1993
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
Upon consideration of the factors in People v. Taranovich ( 37 N.Y.2d 442, 445), we find that the defendant was not deprived of his constitutional right to a speedy trial (see, CPL 30.20). The postindictment delay, together with one month of preindictment delay alleged by the defendant, amounted to 24 months. The record supports the hearing court's determination that the bulk of the delay was not attributable to the People, as it was due in large part to pretrial proceedings on this indictment, as well as to the pretrial proceedings and trial of a previous indictment charging the defendant, inter alia, with murder in the second degree (cf., People v. Dean, 45 N.Y.2d 651; CPL 30.30 [a]). Although the defendant was incarcerated during this entire period, the incarceration was attributable to the murder prosecution and to his conviction and sentencing on the prior indictment, which occurred before the disposition of the indictment at bar (see, e.g., People v. Hernandez, 190 A.D.2d 752; People v. Thorpe, 183 A.D.2d 795; People v. Rosado, 166 A.D.2d 544). Finally, there is no indication in the record that the defense was impaired by reason of the delay (see, People v Dury, 179 A.D.2d 821). Lawrence, J.P., O'Brien, Copertino and Santucci, JJ., concur.