From Casetext: Smarter Legal Research

People v. Castillo [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)

Opinion

October 21, 1999

David A. Shimkin for Respondent.

Nancy E. Little for Defendant-Appellant.

SULLIVAN, J.P., NARDELLI, WILLIAMS, RUBIN, ANDRIAS, JJ.


Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 5, 1996, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 7 to 14 years, unanimously affirmed.

Defendant's claim that he was denied his constitutional right to a speedy trial is unreviewable, since he has provided the minutes of only one of the numerous relevant adjournment dates (People v. Olivo, 52 N.Y.2d 309, 320). In any event, an analysis of the Taranovich factors indicates that defendant was not denied his constitutional right to a speedy trial (People v. Taranovich, 37 N.Y.2d 442). We note that relatively little of the delay is attributable to the People and that defendant has not established that his defense was prejudiced by the delay. We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Castillo [1st Dept 1999

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)
Case details for

People v. Castillo [1st Dept 1999

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR CASTILLO…

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

Date published: Oct 21, 1999

Citations

(N.Y. App. Div. Oct. 21, 1999)