PEOPLE v. CODY (2006)

 On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05[3] ), defendant contends that he was denied his constitutional right to a speedy trial based on preindictment delay of over 12 months.   Although defendant's contention survives the plea of guilty (see People v. Allen, 86 N.Y.2d 599, 602, 635 N.Y.S.2d 139, 658 N.E.2d 1012), we nevertheless conclude that it is lacking in merit.   The preindictment delay of over 12 months is not unreasonable (see People v. Taranovich, 37 N.Y.2d 442, 445-446, 373 N.Y.S.2d 79, 335 N.E.2d 303;  People v. Beyah, 302 A.D.2d 981, 754 N.Y.S.2d 619, lv. denied 99 N.Y.2d 626, 760 N.Y.S.2d 107, 790 N.E.2d 281), “and defendant's conclusory allegations of prejudice are otherwise insufficient to support [defendant's] contention” (People v. Ortiz, 16 A.D.3d 1130, 1130, 791 N.Y.S.2d 751, lv. denied 5 N.Y.3d 766, 801 N.Y.S.2d 261, 834 N.E.2d 1271).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: