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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CARDALE WALKER, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of promoting prison contraband in the first degree (Penal Law § 205.25). By pleading guilty, defendant forfeited his contention that County Court erred in denying his motion to dismiss the indictment on the ground that the prosecutor violated 7 NYCRR 251-3.1 (d)(1) by using statements that defendant made at a prison disciplinary hearing against him at the grand jury proceeding ( see People v. Nagle, 308 A.D.2d 390; see also People v. Hansen, 95 N.Y.2d 227, 231-232). The additional contention of defendant that he was deprived of his constitutional right to a speedy trial ( see CPL 30.20) is not supported by the record inasmuch as the alleged eight-month preindictment delay is not inordinately long and defendant can point to no demonstrable prejudice arising from the delay ( see People v. Pratt, 303 A.D.2d 843, 843-844, lv denied 99 N.Y.2d 657; see generally People v. Taranovich, 37 N.Y.2d 442, 444-445).

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PEOPLE v. WALKER
(Dec 31, 2003)