Opinion
2012-03-29
The PEOPLE of the State of New York, Respondent, v. Pete ARROYO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Dineen A. Riviezzo, J. at motion; William I. Mogulescu, J. at plea and sentencing), rendered May 1, 2009, as amended May 15, 2009, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 2 1/2 years, unanimously affirmed.
Defendant's constitutional speedy trial claim is unreviewable because he has not provided the minutes of any of the relevant adjournments ( see e. g. People v. Flemming, 27 A.D.3d 257, 811 N.Y.S.2d 35 [2006], lv. denied 7 N.Y.3d 755, 819 N.Y.S.2d 881, 853 N.E.2d 252 [2006] ). To the extent that the present record permits review, we find no violation of defendant's constitutional right to a speedy trial ( see People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ). In particular, defendant has not established that a significant amount of delay was caused by the People, or that he was prejudiced by any delay.