People v. Rivera

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of attempted murder in the second degree, assault in the second degree, and promoting prison contraband in the first degree, arising from an incident at the Auburn Correctional Facility in which defendant stabbed a fellow inmate four times in the back with a "shank”.

*1041Defendant was not denied his statutory right to a speedy trial (see, CPL 30.30) when County Court granted the People a 26-day continuance based upon the temporary unavailability of a key prosecution witness. The…