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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE ORTIZ, Appellant.

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

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of aggravated harassment of an employee by an inmate (Penal Law former § 240.32), defendant contends that he was denied his constitutional right to a speedy trial ( see CPL 30.20; see generally People v. Taranovich, 37 NY2d 442, 444-445). The preindictment delay of 10 months is not unreasonable, and defendant's conclusory allegations of prejudice are otherwise insufficient to support that contention ( see People v. Beyah, 302 AD2d 981, lv denied 99 NY2d 626). The verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 NY2d 490, 495). The sentence is not unduly harsh or severe.

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PEOPLE v. ORTIZ
(Mar 18, 2005)