PEOPLE v. CESAR

ORDERED that the judgment is affirmed.

The defendant was not denied his right to due process because of an unreasonable delay in prosecution ( see People v. Vernace, 96 N.Y.2d 886, 888; People v. Taranovich, 37 N.Y.2d 442, 447). The People presented a reasonable explanation for the 13-month delay in arresting the defendant ( see People v. Kirkley, 295 A.D.2d 759, 760; People v. Quiroz, 192 A.D.2d 730; People v. Donovan, 141 A.D.2d 835, 836; People v. Bryant, 65 A.D.2d 333, 337, cf. People v. Singer, 44 N.Y.2d 241, 254). Furthermore, no hearing was necessary on the defendant's motion to dismiss the indictment because the record was fully developed as to the reasons for the delay ( see People v. Black, 128 A.D.2d 715; cf. Matter of Benjamin L., 92 N.Y.2d 660, 670; People v. Singer, supra).

PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.