Opinion
February 28, 1991
Appeal from the County Court of Albany County (Traficanti, Jr., J.).
Applying the factors enunciated in People v Taranovich ( 37 N.Y.2d 442, 445), it cannot be said that defendant's rights to a speedy trial pursuant to CPL 30.20 have been violated. Not only has defendant failed to allege any prejudice to his defense as a result of the delay (see, People v Wellington, 151 A.D.2d 796, 798, lv denied 74 N.Y.2d 853), but defendant was out on bail during most of the pretrial period. In addition, a major portion of the delay was due to the disqualification of the two County Judges, a delay that should not weigh so heavily against the State (see, People v Watts, 86 A.D.2d 964, 964-965, affd 57 N.Y.2d 299; see also, People v Wellington, supra). We also find that, when viewed in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), the evidence was legally sufficient to support defendant's conviction of the first count of the indictment. In addition to the informant's testimony, which was unequivocal with respect to the drug sale, the tape recording of the first drug transaction and the fact that the police monitored the informant and that sale all supported the jury's verdict (see, People v Glass, 133 A.D.2d 705, lv denied 70 N.Y.2d 932; People v Rodriguez, 118 A.D.2d 878, 879, lv denied 67 N.Y.2d 1056).
Judgment affirmed. Weiss, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.