People v. Rodriguez

Dec 13, 1994
Versions:210 A.D.2d 104
620 N.Y.S.2d 951
1994 N.Y. App. Div. LEXIS 12679

—Judgment, Supreme Court, Bronx County (Arlene Silverman, J.), rendered January 11, 1993, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The trial court properly denied, without a hearing, defendant’s motion to dismiss the indictments for violation of his constitutional right to a speedy trial (CPL 30.20), given motion papers that did not raise any issue of fact on a material point, and it properly applied the standards set forth in People v Taranovich (37 NY2d 442) in finding that there was no violation of defendant’s constitutional right to speedy trial (see, People v Gonzalez, 177 AD2d 418). We have considered defendant’s remaining claim and find it to be without merit. Concur —Ellerin, J. P., Kupferman, Rubin and Nardelli, JJ.