People v Diaz

People v Diaz 2011 NY Slip Op 01126 Decided on February 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 17, 2011
Tom, J.P., Saxe, DeGrasse, Freedman, Román, JJ.
4286 3234/01

[*1]The People of the State of New York Respondent,

v

Denny Diaz, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Naomi C.
Reed of counsel), for respondent.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered September 2, 2008, as amended September 9, 2008, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3 years, unanimously affirmed.

The court properly denied defendant's motion to dismiss the indictment, made on the ground of alleged denial of defendant's constitutional right to a speedy trial (see People v Taranovich, 37 NY2d 442, 445 [1975]). The delay was entirely attributable to defendant, who unlawfully failed to appear and was returned on a bench warrant approximately six and one-half years later. Defendant could have terminated the delay at any time by
complying with the law and surrendering himself (see e.g. People v Atkins, 4 AD3d 252. 253 [2004], lv denied 2 NY3d 795 [2004]; see also People v Ortiz, 60 AD3d 563 [2009], lv denied 12 NY3d 919 [2009]). In any event, to the extent the actions of the authorities in searching for an absconding defendant may be relevant, we find that the police made reasonably diligent efforts. Furthermore, the remaining Taranovich factors weigh in favor of the People.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 17, 2011

CLERK