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People v. Thorpe

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 795 (N.Y. App. Div. 1992)

Opinion

May 11, 1992

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

After considering (1) the extent of the delay, (2) the reasons for the delay, (3) the nature of the underlying charges, (4) whether or not there has been an extended period of pretrial incarceration, and (5) whether the delay has actually prejudiced the defendant, we conclude that the approximately 19-month delay between the defendant's arrest and trial did not deprive him of his constitutional right to speedy trial (see, CPL 30.20; People v. Watts, 57 N.Y.2d 299, 302-303; People v. Johnson, 38 N.Y.2d 271, 275-276; People v. Taranovich, 37 N.Y.2d 442, 444-445). The length of delay was not inherently prejudicial (see, People v. Watts, supra), much of the delay was directly attributable to the defendant, and not the result of dilatory tactics by the People. Additionally, given the seriousness of the charges, careful preparation was necessary (see, People v. Clemente, 150 A.D.2d 709). Moreover, while the defendant was incarcerated throughout the delay, he has not demonstrated that this resulted in any prejudice.

The defendant has failed to preserve for review the claimed errors in the prosecutor's summation and the court's charge. We decline to review them in the exercise of our interest of justice jurisdiction. Sullivan, J.P., Balletta, Eiber and O'Brien, JJ., concur.


Summaries of

People v. Thorpe

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1992
183 A.D.2d 795 (N.Y. App. Div. 1992)
Case details for

People v. Thorpe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN THORPE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 11, 1992

Citations

183 A.D.2d 795 (N.Y. App. Div. 1992)

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