Opinion
15113 Ind. No. 39/16 Case No. 2019–3114
01-20-2022
The PEOPLE of the State of New York, Respondent, v. Clarence THIGPEN, Defendant–Appellant.
Caprice R. Jenerson, Office of the Appellate Defender, New York (David Bernstein of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Caprice R. Jenerson, Office of the Appellate Defender, New York (David Bernstein of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Reva Grace Phillips of counsel), for respondent.
Kapnick, J.P., Singh, Moulton, Shulman, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (Judith Lieb, J. at motion; Barry E. Warhit, J. at plea and sentencing), rendered February 25, 2019, convicting defendant of assault in the second degree, and sentencing him to a term of four years, unanimously affirmed.
The court properly denied defendant's motion to dismiss the indictment based on prearrest delay (see People v. Singer, 44 N.Y.2d 241, 405 N.Y.S.2d 17, 376 N.E.2d 179 [1978] ; People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ). The record supports the court's findings regarding the applicable factors (see id. ). The People sufficiently explained that the three-year delay resulted in part from their inability to locate defendant and from their discretionary determination to wait until they were able to secure the victim's involvement and cooperation. The evidence before the court established that the determination to delay the prosecution was made in good faith and not to gain a tactical advantage (see People v. Vernace, 96 N.Y.2d 886, 888, 730 N.Y.S.2d 778, 756 N.E.2d 66 [2001] ; see also People v. Singh, 156 A.D.3d 437, 64 N.Y.S.3d 530 [1st Dept. 2017], lv denied 31 N.Y.3d 987, 77 N.Y.S.3d 664, 102 N.E.3d 441 [2018] ). Defendant's claim of prejudice is speculative.