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PEOPLE v. PHILIP

205 A.D.2d 714 (1994)

613 N.Y.S.2d 649

The People of the State of New York, Respondent, v. Andrew Philip, Appellant

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

June 20, 1994

Ordered that the judgment is affirmed.

The defendant's moving papers, on their face, did not show the existence of an unexcused delay greater than six months. Therefore, the Supreme Court properly refused to dismiss the indictment on the ground that he was denied his statutory right to a speedy trial (CPL 30.30 [1], [4] [a], [d]; see generally, People v Santos, 68 N.Y.2d 859). Moreover, the defendant failed to demonstrate...

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