PEOPLE v. GREGORY

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Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Craig S. GREGORY, Defendant-Appellant.

Decided: April 29, 2005

PRESENT:  PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND HAYES, JJ. Mary Ann Bliznik, Clarence, for Defendant-Appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Plaintiff-Respondent.

On appeal from a judgment convicting him upon his plea of guilty of driving while intoxicated as a class E felony (Vehicle and Traffic Law § 1192 [3];  § 1193[1][c][i] ) and aggravated unlicensed operation of a motor vehicle in the third degree (§ 511[1][a] ), defendant contends only that he was denied his constitutional right to a speedy trial.   We reject that contention.   Given the nature of the charges in this case, the fact that the 4 1/414-year preindictment delay was caused entirely by defendant's initial flight and subsequent efforts to avoid apprehension, the fact that defendant was not incarcerated until shortly before the filing of the indictment, and the lack of any showing of prejudice attributable to the delay, defendant's constitutional right to a speedy trial was not violated (see People v. Watson, 299 A.D.2d 735, 736, 753 N.Y.S.2d 530, lv. denied 99 N.Y.2d 633, 760 N.Y.S.2d 115, 790 N.E.2d 289;  People v. Hawkins, 290 A.D.2d 320, 321, 736 N.Y.S.2d 39;   People v. Hammer, 190 A.D.2d 521, 522, 593 N.Y.S.2d 195, lv. denied 81 N.Y.2d 971, 598 N.Y.S.2d 772, 615 N.E.2d 229;  see generally People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303).

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

MEMORANDUM: