PEOPLE v. HOLLEY (2025)

Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered June 24, 2022, as amended August 5, 2022, convicting defendant, upon his plea of guilty, of rape in the first degree, and sentencing him to a term of 11 years, unanimously affirmed.

Upon considering the Taranovich factors, we conclude that defendant was not denied his 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]).  Although defendant was incarcerated for nearly four years between the date of his arraignment and the date that he pleaded guilty, that time period was satisfactorily explained, and little of it was attributable to the People.  A substantial portion of the delay was caused by the impact of the COVID–19 pandemic on the judicial system (see People v. Park, 227 A.D.3d 624, 211 N.Y.S.3d 352 [2024], lv denied 42 N.Y.3d 972, 219 N.Y.S.3d 625, 244 N.E.3d 1084 [2024]).  Much of the delay resulted from adjournments requested by the defense to respond to motions, for new counsel to review the voluminous discovery materials and for preparation of an expert report, or for possible disposition or other reasons not attributable to the People.  We further find that defendant has not made an adequate showing of specific prejudice.

Defendant made a valid waiver of the right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his claim that his sentence is excessive.  In any event, we perceive no basis for reducing the sentence.