Opinion
KA 03-02312.
March 18, 2005.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered September 23, 2003. The judgment convicted defendant, upon a jury verdict, of aggravated harassment of an employee by an inmate.
Before: Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of aggravated harassment of an employee by an inmate (Penal Law former § 240.32), defendant contends that he was denied his constitutional right to a speedy trial ( see CPL 30.20; see generally People v. Taranovich, 37 NY2d 442, 444-445). The preindictment delay of 10 months is not unreasonable, and defendant's conclusory allegations of prejudice are otherwise insufficient to support that contention ( see People v. Beyah, 302 AD2d 981, lv denied 99 NY2d 626). The verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 NY2d 490, 495). The sentence is not unduly harsh or severe.