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People v. Frost

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 2002
293 A.D.2d 319 (N.Y. App. Div. 2002)

Opinion

719

April 11, 2002.

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered October 23, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentenced him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

T. Charles Won, for respondent.

Judith Preble, for defendant-appellant.

Before: Williams, P.J., Saxe, Lerner, Rubin, Marlow, JJ.


After balancing all of the relevant factors (see, People v. Taranovich, 37 N.Y.2d 442), we conclude that defendant's constitutional speedy trial motion was properly denied. Most of the 37½ month delay was attributable to defendant, including a period in which defendant absconded, and there has been no showing of prejudice. The fact that the original indictment was defective and had to be superseded caused only a short period of actual delay.

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


Summaries of

People v. Frost

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 2002
293 A.D.2d 319 (N.Y. App. Div. 2002)
Case details for

People v. Frost

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THEO FROST…

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

Date published: Apr 11, 2002

Citations

293 A.D.2d 319 (N.Y. App. Div. 2002)
739 N.Y.S.2d 818