Opinion
2014-02-6
The PEOPLE of the State of New York, Respondent, v. Robert SYMONDS, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Orrie A. Levy of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Orrie A. Levy of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Martin Marcus, J. at dismissal motion; Peter Benitez, J. at jury trial and sentencing), rendered November 17, 2009, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Defendant's assertion that the DNA evidence against him could have been the product of crime scene contamination is speculative. Moreover, there was additional circumstantial evidence connecting defendant to the crime.
After a thorough hearing, the motion court properly declined to dismiss the indictment on the ground of prearrest delay ( see People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ). Although the delay was lengthy, it was satisfactorily explained and was a permissible exercise of prosecutorial discretion ( see People v. Decker, 13 N.Y.3d 12, 884 N.Y.S.2d 662, 912 N.E.2d 1041 [2009] ). We find defendant's claim that he was prejudiced by the delay unpersuasive. SWEENY, J.P., ANDRIAS, FREEDMAN, RICHTER, CLARK, JJ., concur.