People v Robinson

2011 NY Slip Op 02706 [82 AD3d 1269]

March 29, 2011

Appellate Division, Second Department

As corrected through Wednesday, May 11, 2011

The People of the State of New York,Respondent, v Kenneth Robinson, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and Emil Bricker of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter,J.), rendered January 22, 2008, convicting him of murder in the second degree, upon a juryverdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his motion todismiss the indictment based on preindictment delay. The People established, inter alia, goodcause for the delay and that the other relevant factors favor the prosecution (see People vDecker, 13 NY3d 12 [2009]; People v Taranovich, 37 NY2d 442 [1975]; Peoplev Finkelstein, 75 AD3d 652 [2010]; People v Jones, 267 AD2d 250 [1999];People v Lee, 234 AD2d 140 [1996]).

The defendant's remaining contention is without merit. Mastro, J.P., Dillon, Balkin andMiller, JJ., concur.