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The People of the State of New York, Respondent v. Pete Arroyo

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 29, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
PETE ARROYO, DEFENDANT-APPELLANT.

People v Arroyo

Decided on March 29, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., DeGrasse, Freedman, Richter, Roman, JJ.

Judgment, Supreme Court, Bronx County (Dineen A. Riviezzo, J. at motion; William I. Mogulescu, J. at plea and sentencing), rendered May 1, 2009, as amended May 15, 2009, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 2½ years, unanimously affirmed.

Defendant's constitutional speedy trial claim is unreviewable because he has not provided the minutes of any of the relevant adjournments (see e.g. People v Flemming, 27 AD3d 257 [2006], lv denied 7 NY3d 755 [2006]). To the extent that the present record permits review, we find no violation of defendant's constitutional right to a speedy trial (see People v Taranovich, 37 NY2d 442, 445 [1975]). In particular, defendant has not established that a significant amount of delay was caused by the People, or that he was prejudiced by any delay.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 29, 2012

CLERK

20120329

© 1992-2012 VersusLaw Inc.



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