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PEOPLE v. FROST

293 A.D.2d 319 (2002)

739 N.Y.S.2d 818

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEO FROST, Appellant.

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

Decided April 11, 2002.

After balancing all of the relevant factors (see, People v Taranovich, 37 N.Y.2d 442), we conclude that defendant's constitutional speedy trial motion was properly denied. Most of the 37½ month delay was attributable to defendant, including a period in which defendant absconded, and there has been no showing of prejudice. The fact that the original indictment was defective and had to be superseded caused only a short period...

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