What is the test for a motion of no confidence in a defendant's right to a speedy trial?

The defendant further claims that his constitutional right to a speedy trial as set out in CPL 30.20 and the Sixth Amendment to the U.S. Constitution have been impaired. Five factors must be considered in determining such a motion: 1) the length of the delay; 2) the reasons for the delay; 3) pretrial incarceration, if any; 4) nature of the underlying charge; and 5) indication of prejudice to the defendant. (People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303 In this case there was no pretrial incarceration, no showing of prejudice to the defendant, the delay was relatively brief and the underlying charges are serious. This court finds that the defendant's constitutional

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