PEOPLE v. SMITH


48 A.D.3d 1095 (2008)

849 N.Y.S.2d 851

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THERNELL SMITH, Appellant.

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

Decided February 1, 2008.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him, upon his plea of guilty, of two counts of assault in the second degree (Penal Law § 120.05 [7]), defendant contends that he was denied his constitutional right to a speedy trial and his due process right to prompt prosecution. Defendant failed to move to dismiss the indictment...

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