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PEOPLE v. ORTIZ

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 18, 2005
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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 ยง 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.