From Casetext: Smarter Legal Research

People v. Francis

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1993
189 A.D.2d 822 (N.Y. App. Div. 1993)

Opinion

January 19, 1993

Appeal from the Supreme Court, Queens County (Golia, J.).


Ordered that the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

The defendant contends that the 82-day delay between the close of the trial and the rendering of the verdict was unreasonable and violated his right to a prompt verdict. We find that this claim is unpreserved for appellate review, since the defendant failed to raise a timely objection to the several adjournments of the day scheduled for the rendition of the verdict (see, People v. Cheswick, 166 A.D.2d 88, affd 78 N.Y.2d 1119; People v Waldron, 162 A.D.2d 485; People v. Woodley, 141 A.D.2d 587; People v. Andrews, 102 A.D.2d 894; cf., People v. Hryn, 144 A.D.2d 961). In any event, the court's delay in announcing its verdict was not unreasonable (see, People v. South, 41 N.Y.2d 451) or prejudicial (cf., People v. O'Brien, 86 Misc.2d 139). The court took time to reconcile the substantially conflicting testimony of seven witnesses, and then to write a four-page decision rather than merely announcing the words "guilty" or "not guilty". Further, the court experienced difficulties scheduling the verdict, as it was engaged in several homicide trials in addition to its normal calendar work. Moreover, the defendant was not in custody during the adjournments and, although he was present in court, he made no protest when the adjournments were granted. Finally, we find that the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Balletta, Ritter and Santucci, JJ., concur.


Summaries of

People v. Francis

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1993
189 A.D.2d 822 (N.Y. App. Div. 1993)
Case details for

People v. Francis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN FRANCIS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 1993

Citations

189 A.D.2d 822 (N.Y. App. Div. 1993)

Citing Cases

People v. Williams

55; People v South, 41 NY2d 451, 454), defendant did not preserve his claim that the 24-day delay between…

People v. Pellecier

Defendant further argues that, in any event, the disorderly conduct conviction should be reversed and the…