People v. Gathers
| Decision Date | 25 August 2009 |
| Docket Number | 2007-02409. |
| Citation | 65 A.D.3d 704,883 N.Y.S.2d 913,2009 NY Slip Op 06346 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTWAN GATHERS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant was not denied his due process right to a speedy trial (see People v Vernace, 96 NY2d 886, 888 [2001]; People v Taranovich, 37 NY2d 442 [1975]; People v Cesar, 6 AD3d 547 [2004]). The People established that the ongoing investigation provided a reasonable excuse for the 2½-year delay between the commission of the crimes and the indictment of the defendant (see People v Vernace, 96 NY2d at 888; People v Cesar, 6 AD3d at 547; People v Jones, 267 AD2d 250 [1999]; People v Brown, 209 AD2d 233 [1994]). Further, the Supreme Court properly determined the defendant's speedy trial motion without conducting a Singer hearing (see People v Singer, 44 NY2d 241 [1978]) since there was a fully-developed record as to the reasons for the delay (see People v Smith, 60 AD3d 706 [2009]; People v Cesar, 6 AD3d at 547).
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...because the record provided County Court with a sufficient basis to determine whether the delay was justified ( see People v. Gathers, 65 A.D.3d 704, 704, 883 N.Y.S.2d 913,lv. denied13 N.Y.3d 859, 891 N.Y.S.2d 694, 920 N.E.2d 99;cf. People v. Watts, 78 A.D.2d 1008, 1009, 433 N.Y.S.2d 669). ......
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