Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Budd G. Goodman, J. at dismissal motion; Harold Rothwax, J. at jury trial and sentencing), rendered November 15, 1995, convicting defendant of absconding from temporary release in the first degree, and sentencing him, as a second felony offender, to a term of two to four years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The circumstances surrounding defendant's failure to comply with the reporting requirement of his work release program support the inference that defendant acted intentionally.
The motion court, after considering the Taranovich factors (People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303 [1975] ), properly determined that although the 26–month prearrest delay was lengthy, and although defendant could have been charged sooner, the delay was not intended to obtain a tactical advantage relating to the absconding charge, but was the result of a determination, made in good faith, that a continuing homicide investigation required deferral of the
absconding prosecution (
see
People v. Singer, 44 N.Y.2d 241, 254,
405 N.Y.S.2d 17,
376 N.E.2d 179 [1978] ). Defendant did not experience any period of pretrial incarceration due to the absconding charge, and he was not prejudiced by the delay (
see
People v. Decker, 13 N.Y.3d 12,
884 N.Y.S.2d 662,
912 N.E.2d 1041 [2009] ).
FRIEDMAN, J.P., SWEENY, SAXE, RICHTER, KAHN, JJ., concur.