Opinion
June 2, 1989
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his claim that he was denied his constitutional right to a speedy trial. He failed to move to dismiss the indictment on speedy trial grounds or to object to the claimed unreasonable delay in completing the nonjury trial and rendering a verdict (see, CPL 470.05; see also, People v. Woodley, 141 A.D.2d 587, 588). Were we to address this issue in the interest of justice, we would conclude that defendant's right to a speedy trial was not violated (see, People v. Taranovich, 37 N.Y.2d 442, 445). The delay between the first and second days of trial appears to have been occasioned by court scheduling and assignment, an excuse which "` weighs less heavily'" against the People (People v. Watts, 86 A.D.2d 964, 965, affd 57 N.Y.2d 299; see also, People v. Johnson, 38 N.Y.2d 271, 279). Moreover, the 18-day delay between summations of counsel and the court's rendering its verdict in this nonjury trial was, on this record, not unreasonable. The court reporter who transcribed the testimony on the first day of the trial was unavailable at the conclusion of the trial and the court stated that it desired to have that testimony reread before rendering its verdict (see, CPL 320.20, 350.10 Crim. Proc.; People v. South, 41 N.Y.2d 451; People v. Di Marcantonio, 117 A.D.2d 612, lv denied 67 N.Y.2d 882; Matter of Nicholas R.M., 112 A.D.2d 371; People v. Andrews, 102 A.D.2d 894).
Finally, we reject defendant's contention that his conviction of attempted sexual abuse in the first degree is not supported by legally sufficient evidence (see, Penal Law § 130.65; § 110.00; People v. Bleakley, 69 N.Y.2d 490, 495; People v Bracey, 41 N.Y.2d 296, rearg denied 41 N.Y.2d 1010).