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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTWAN GATHERS, Appellant.

Ordered that the judgment is affirmed.

The defendant was not denied his due process right to a speedy trial ( see People v Vernace, 96 NY2d 886, 888; People v Taranovich, 37 NY2d 442; People v Cesar, 6 AD3d 547). The People established that the ongoing investigation provided a reasonable excuse for the 2½-year delay between the commission of the crimes and the indictment of the defendant ( see People v Vernace, 96 NY2d at 888; People v Cesar, 6 AD3d at 547; People v Jones, 267 AD2d 250; People v Brown, 209 AD2d 233). Further, the Supreme Court properly determined the defendant's speedy trial motion without conducting a Singer hearing ( see People v Singer, 44 NY2d 241) since there was a fully-developed record as to the reasons for the delay ( see People v Smith, 60 AD3d 706; People v Cesar, 6 AD3d at 547).

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PEOPLE v. GATHERS
(Aug 25, 2009)