Opinion
June 4, 1992
Appeal from the Supreme Court, New York County (Robert Haft, J.).
Defendant's constitutional right to a speedy trial was not violated by the delay in the extradition proceeding (People v Jackson, 178 A.D.2d 305) which is just one of the factors that is to be considered in determining whether a defendant has been denied due process (see, People v. Taranovich, 37 N.Y.2d 442, 445).
The record demonstrates that upon his release from custody by Illinois officials defendant's whereabouts remained unknown until his subsequent arrest on a fugitive warrant. Although incarcerated, the delay was occasioned by the determination of the Illinois authorities to prosecute defendant prior to releasing him to New York officials.
Concur — Ellerin, J.P., Kupferman, Ross, Asch and Kassal, JJ.