People v. Gaston

Appeal from a judgment of the Erie County Court (Thomas P Franczyk, J.), rendered January 19, 2011. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that the 17-year preindictment delay violated his constitutional right to a speedy trial. We reject that contention. In examining the Taranovich factors (People v Taranovich, 37 NY2d…