PEOPLE v. BROWN

6401, 4181/03.

90 A.D.3d 556 (2011)

934 N.Y.S.2d 417

2011 NY Slip Op 9196

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR BROWN, Appellant.

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

Decided December 20, 2011.


To the extent that the record on appeal permits review, defendant has not established a violation of his constitutional right to a speedy trial (see People v Taranovich, 37 N.Y.2d 442, 445 [1975]). There was a 40-month delay and defendant was incarcerated for approximately half of that time. However, the People have satisfactorily explained the delay, most of which was attributable to the unavailability of an important witness (...

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