Legal Opinion

People v. Diaz

Appellate Division of the Supreme Court of the State of New York

Decided February 17, 2011Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Renee A. White, J), rendered September 2, 2008, as amended September 9, 2008, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

The court properly denied defendant’s motion to dismiss the indictment, made on the ground of alleged denial of defendant’s constitutional right to a speedy trial (see People v Taranovich, 37 NY2d 442, 445 [1975]). The delay was entirely attributable to defendant, who unlawfully failed to…

2Cases cited3 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. AtkinsAppellate Division of the Supreme Court of the State of New York · 2004

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