People v Arroyo
2012 NY Slip Op 02398 [93 AD3d 608]
March 29, 2012
Appellate Division, First Department
As corrected through Wednesday, April 25, 2012


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

[*1]Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), forappellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia A. Carlson of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Dineen A. Riviezzo, J., at motion; William I.Mogulescu, J., at plea and sentencing), rendered May 1, 2009, as amended May 15, 2009,convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencinghim, as a second felony drug offender whose prior felony conviction was a violent felony, to aterm of 2½ years, unanimously affirmed.

Defendant's constitutional speedy trial claim is unreviewable because he has not provided theminutes of any of the relevant adjournments (see e.g. People v Flemming, 27 AD3d 257 [2006], lv denied 7NY3d 755 [2006]). To the extent that the present record permits review, we find no violation ofdefendant's constitutional right to a speedy trial (see People v Taranovich, 37 NY2d 442,445 [1975]). In particular, defendant has not established that a significant amount of delay wascaused by the People, or that he was prejudiced by any delay. Concur—Tom, J.P.,DeGrasse, Freedman, Richter and Román, JJ.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.