PEOPLE v. WAIT


226 A.D.2d 278 (1996)

655 N.Y.S.2d 330

The People of the State of New York, Respondent, v. Howard A. Wait, Appellant

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

April 25, 1996


Defendant twice sought dismissal of the charges herein on grounds of violation of his statutory right to be brought to trial within six months under CPL 30.30, but never raised the present claim that he was denied his constitutional and statutory right to a speedy trial under CPL 30.20, thereby failing to preserve the latter issue for appellate review (People v James, 188 A.D.2d 296; People v Cropper, 202 A.D.2d 603, 604, lv denied 84 N.Y.2d 824). Were we to reach the issue, we would find there was no constitutional violation in a delay of not more than 20 months (People v Allen, 203 A.D.2d 97, lv denied 83 N.Y.2d 963). Based on the existing record, defendant has failed to establish his claim (People v Taranovich, 37 N.Y.2d 442, 445). Defendant's remaining contentions, including those raised in his pro se supplemental brief, are without merit.


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