Opinion
2002-03882.
Decided April 12, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered April 25, 2002, convicting him of criminal sale of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Rona I. Kugler of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant was not denied his right to due process because of an unreasonable delay in prosecution ( see People v. Vernace, 96 N.Y.2d 886, 888; People v. Taranovich, 37 N.Y.2d 442, 447). The People presented a reasonable explanation for the 13-month delay in arresting the defendant ( see People v. Kirkley, 295 A.D.2d 759, 760; People v. Quiroz, 192 A.D.2d 730; People v. Donovan, 141 A.D.2d 835, 836; People v. Bryant, 65 A.D.2d 333, 337, cf. People v. Singer, 44 N.Y.2d 241, 254). Furthermore, no hearing was necessary on the defendant's motion to dismiss the indictment because the record was fully developed as to the reasons for the delay ( see People v. Black, 128 A.D.2d 715; cf. Matter of Benjamin L., 92 N.Y.2d 660, 670; People v. Singer, supra).
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.