People v. Smith

Order unanimously reversed and indictment reinstated. Memorandum: With respect to the speedy trial right guaranteed by CPL 30.20 and section 12 of the Civil Rights Law, the same factors established by the Supreme Court under the Federal constitutional guarantee (Barker v Wingo, 407 US 514) are applied in New York. The Court of Appeals in People v Taranovich (37 NY2d 442) considered the extent of the delay, the reason for the delay, the existence of an extended period of *975pretrial incarceration and prejudice to the defense traceable to the delay. The Court of Appeals adds to the Federal factors…