
    [65 NE3d 1281, 43 NYS3d 245]
    The People of the State of New York, Respondent, v Clinton Johnson, Appellant.
    Decided November 17, 2016
    APPEARANCES OF COUNSEL
    
      Philip Rothschild, Hiscock Legal Aid Society, Syracuse (Evan Hannay of counsel), for appellant.
    
      William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly 4V2 year delay between the crime and the indictment “did not deprive defendant of his due process right to prompt prosecution” (People v Velez, 22 NY3d 970, 972 [2013]). This is not a circumstance where “a lengthy and unjustifiable delay in commencing the prosecution . . . require [s] dismissal even though no actual prejudice to the defendant is shown” (People v Singer, 44 NY2d 241, 253-254 [1978]).

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.  