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PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent, v. ABDUL BEYAH, 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). Contrary to the contention of defendant, County Court properly denied his motion seeking dismissal of the indictment based on a preindictment delay of over 12 months. We reject the contention of defendant that the delay violated his constitutional right to a speedy trial (see generally People v. Taranovich, 37 N.Y.2d 442, 444-445). We further reject the contention of defendant that his due process rights were violated by the preindictment delay (see generally People v. Singer, 44 N.Y.2d 241, 253-255).

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PEOPLE v. BEYAH
(Feb 7, 2003)