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People v. Harris

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 1995
216 A.D.2d 679 (N.Y. App. Div. 1995)

Opinion

June 15, 1995

Appeal from the County Court of Schenectady County (Sheridan, J.).


Defendant's sole argument on appeal is that he was denied his constitutional right to a speedy trial (CPL 30.20). In such cases no one factor is determinative and the court must take into consideration and balance all factors as set forth in People v Taranovich ( 37 N.Y.2d 442). The record supports County Court's conclusion that the only delay chargeable to the People was the date between arrest and arraignment. The remainder of the 18-month delay was occasioned by motion practice, preliminary proceedings and a trial on other charges, calendar congestion, defendant's request for new counsel and plea bargaining ( see, People v. Whelan, 198 A.D.2d 668, lv denied 83 N.Y.2d 812). Accordingly, we affirm.

Cardona, P.J., White, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 1995
216 A.D.2d 679 (N.Y. App. Div. 1995)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS HARRIS…

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

Date published: Jun 15, 1995

Citations

216 A.D.2d 679 (N.Y. App. Div. 1995)
628 N.Y.S.2d 420