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PEOPLE v. NEISS

81 A.D.2d 599 (1981)

The People of the State of New York, Respondent, v. Bencion Neiss and David Malek, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1981

Judgments affirmed.

Defendants' pleas of guilty resulted in a waiver of their statutory claim made under CPL 30.30 (see People v Friscia, 51 N.Y.2d 845). As to the constitutional speedy trial claim, we hold that the lack of pretrial incarceration and the absence of demonstrable prejudice to the defendants' case outweigh the delay of 22 months between the initial felony complaint and the guilty pleas, a major portion of which...

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