People v. Kornegay

Herlihy, J. (concurring in part and dissenting in part).

Unlike the situation in People v Ranellucci (53 AD2d 384) and People v Hankins (52 AD2d 470) the defendant never made any effort to obtain a speedy trial and he has asserted no prejudice. Under such circumstances the negligence of the State in securing a speedy trial did not result in a violation of his constitutional rights (see People v Ranellucci, supra; People v Taranovich, 37 NY2d 442).

However, the majority proposes to reduce the sentence because the People would so consent and in fact have urged a reduction. The sentence was…