People v Rolon

People v Rolon 2007 NY Slip Op 10059 [46 AD3d 405] December 20, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Wilson Rolon, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Carol A. Zeldin of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J., on motion; Arlene D. Goldberg, J., at plea and sentence), rendered November 9, 2006, convicting defendant of burglary in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

The court properly denied defendant's motion to dismiss the indictment, in which he alleged that preindictment and prearrest delay violated his constitutional rights (see People v Vernace, 96 NY2d 886 [2001]; People v Taranovich, 37 NY2d 442, 445 [1975]). The total delay was only a matter of months; defendant was not incarcerated on the instant charges but rather on two unrelated charges; the delay resulted from difficulty locating defendant in part due to his use of an alias rather than from any design to gain a tactical advantage; and defendant's claims of prejudice regarding his plea and sentence are based on speculation. Concur—Lippman, P.J., Marlow, Williams and Gonzalez, JJ.