People v. DeRosario

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered November 15, 2005, convicting him of murder in the second degree (two counts) and kidnapping in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

After a hearing, the trial court properly denied the defendant’s motion pursuant to CPL 210.20 to dismiss the indictment on the ground of preindictment delay. The five-year delay between the discovery of the victim’s body and the indictment of the defendant did not, in and of itself,…