People v. Taylor

• Decision Date: 14 April 1989
• Parties: PEOPLE of the State of New York, Respondent, v. Walter R. TAYLOR, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 353

543 N.Y.S.2d 353

149 A.D.2d 984

PEOPLE of the State of New York, Respondent, v. Walter R. TAYLOR, Appellant.

Supreme Court of New York, Appellate Division,

Fourth Department.

April 14, 1989

Scott Rodman, Rochester, for appellant. Howard R. Relin by Robert Mastrocola, Rochester, for respondent.

Judgment unanimously affirmed. Memorandum: Defendant waived any claim that he was deprived of a fair trial based upon pretrial publicity by pleading guilty before the jury selection process was complete or had become protracted (see, People v. Smith, 63 N.Y.2d 41, 69, 479 N.Y.S.2d 706, 468 N.E.2d 879, cert. denied 469 U.S. 1227, 105 S.Ct. 1226, 84 L.Ed.2d 364; People v. Parker, 60 N.Y.2d 714, 715, 468 N.Y.S.2d 870, 456 N.E.2d 811; People v. Green, App.Div., 540 N.Y.S.2d 95). Only one other issue raised by defendant requires comment. Defendant contends that a reversal is required because delay in the appellate process denied him due process of law. We reject this contention because defendant cannot demonstrate that he was prejudiced by any delay (see, People v. Cousart, 58 N.Y.2d 62, 458 N.Y.S.2d 507, 444 N.E.2d 971; People v. Pratt, App.Div., 543 N.Y.S.2d 344 [1989]; People v. Gaines, 143 A.D.2d 520, 532 N.Y.S.2d 944, lv. denied 73 N.Y.2d 855, 537 N.Y.S.2d 501, 534 N.E.2d 339). We have reviewed the other claims made by defendant and find each to be without merit. (Appeal from Judgment of Supreme Court, Monroe County, Kennedy, J.--Promoting Prostitution, 2nd degree and Assault, 3rd degree.)

CALLAHAN, J.P., and DENMAN, GREEN, BALIO and DAVIS, JJ., concur.