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People v. Gordon

Appellate Term of the Supreme Court of New York, Second Department
Mar 24, 2004
2004 N.Y. Slip Op. 50190 (N.Y. App. Term 2004)

Opinion

2003-549 W CR.

Decided March 24, 2004.

Appeal by defendant from a judgment of the Justice Court, Town of Bedford, Westchester County (C. Banks, Jr., J.), rendered March 19, 2003, convicting him of speeding in violation of section 1180 (b) of the Vehicle and Traffic Law and imposing sentence.

Judgment of conviction unanimously affirmed.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


Since the defendant was only charged with a traffic infraction, he has no right to a speedy trial pursuant to CPL 30.30 ( People v. Taylor, 189 Misc 2d 313 [App Term, 9th 10th Jud Dists 2001]). However, the defendant has a constitutional right to a speedy trial pursuant to CPL 30.20 ( id.). In determining whether a defendant has been denied his constitutional right to a speedy trial, the following factors must be considered: "(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay" ( People v. Taranovich, 37 NY2d 442, 445). It is our opinion that the 14-month delay between the date defendant was charged and the date of trial was not sufficient to require dismissal based on defendant's constitutional right to a speedy trial. Furthermore, defendant has not established that his defense was impaired by reason of the delay. In light of the foregoing, the defendant failed to adequately establish a sufficient basis to warrant the granting of his motion pursuant to CPL 30.20.

We find defendant's remaining contention to be lacking in merit.


Summaries of

People v. Gordon

Appellate Term of the Supreme Court of New York, Second Department
Mar 24, 2004
2004 N.Y. Slip Op. 50190 (N.Y. App. Term 2004)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK H. GORDON…

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

Date published: Mar 24, 2004

Citations

2004 N.Y. Slip Op. 50190 (N.Y. App. Term 2004)

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