Opinion
June 23, 1986
Appeal from the Supreme Court, Queens County (Rotker, J.).
Order reversed, on the law, and matter remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
Criminal Term clearly erred in granting an order of preclusion on the basis of the alleged denial of the defendant's right to a speedy trial and his extended incarceration. Statutory speedy trial considerations are inapplicable in cases where the defendant has been charged with a homicide (see, CPL 30.30 [a]; People v. Riera, 99 A.D.2d 972; People v. Rodriguez, 81 A.D.2d 840; People v. White, 72 A.D.2d 913). In view of the serious nature of the charges and the defendant's failure to establish that the delay impaired his defense, there has been no deprivation of his constitutional right to a speedy trial (see, People v. Perez, 42 N.Y.2d 971; People v. Taranovich, 37 N.Y.2d 442, 445). In any event, the proper remedy for the denial of a defendant's right to a speedy trial is the dismissal of the indictment (see, CPL 210.20 [g]) rather than the preclusion of the use of evidence. Criminal Term does not possess the inherent authority to dismiss a criminal action for failure to prosecute (see, People v. Douglass, 60 N.Y.2d 194; People v Riera, supra, at p 973). Gibbons, J.P., Weinstein, Lawrence and Eiber, JJ., concur.