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PEOPLE v. DIAZ

4286, 3234/01.

81 A.D.3d 516 (2011)

916 N.Y.S.2d 504

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNY DIAZ, Appellant.

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

Decided February 17, 2011.

The court properly denied defendant's motion to dismiss the indictment, made on the ground of alleged denial of defendant's constitutional right to a speedy trial (see People v Taranovich, 37 N.Y.2d 442, 445 [1975]). The delay was entirely attributable to defendant, who unlawfully failed to appear and was returned on a bench warrant approximately 6 ½ years later. Defendant could have terminated the delay at any time by...

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