Opinion
No. 10
02-13-2020
The PEOPLE of the State of New York, Respondent, v. Ganesh RAMLALL, Appellant.
Janet E. Sabel, The Legal Aid Society, New York City (Natalie Rea of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn (Ann Bordley, Leonard Joblove and Victor Barall of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York City (Natalie Rea of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn (Ann Bordley, Leonard Joblove and Victor Barall of counsel), for respondent.
OPINION OF THE COURT
MEMORANDUM. The order of the Appellate Term, insofar as appealed from, should be affirmed.
Defendant argues that the lengthy delay of his prosecution for the traffic infraction of driving while ability impaired ( Vehicle and Traffic Law § 1192[1] ) violated his constitutional right to a speedy trial (see People v. Taranovich , 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ; CPL 30.20 ). Though a close case, we conclude that, after balancing the relevant factors, defendant's claims do not rise to the level of a constitutional violation.
The People's argument that the constitutional right to a speedy trial does not apply to traffic infractions is unpreserved for our review.
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.
Order, insofar as appealed from, affirmed, in a memorandum.