PEOPLE v. SMITH


129 A.D.2d 747 (1987)

The People of the State of New York, Respondent, v. Curtis Smith, Appellant

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

April 20, 1987


Ordered that the judgment is affirmed.

The hearing court properly denied the defendant's motion to dismiss the indictment pursuant to CPL 30.20. Although the defendant was incarcerated prior to the trial for a period of 16 months, it cannot be said that he was thereby denied his constitutional right to a speedy trial as there was no showing of prejudice to his defense or deliberate or negligent delay by the People (see, People v Taranovich,

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