Gottlieb

—By the refiling of a mandate petition, which was summarily denied by this court upon its initial filing, a felony defendant asks this court to reconsider his challenge to the denial of his speedy trial motion.

Because this court viewed defendant’s first petition to be totally without merit, and viewed the refiling of the petition with one additional exhibit to be unwarranted, we issued an order directing defendant’s appellate counsel, Trope & Trope, to show cause why monetary sanctions should not be imposed against it.

The premise of defendant’s claim of denial of a speedy trial is that a delay of 10 years from his indictment to commencement of trial (together with the attendant stigma and stress of long-pending charges) constitutes a denial of his speedy trial rights even though he caused or consented to all delay and never asserted objection to delay prior to filing his motion to dismiss. Defendant contends that the burden is upon the prosecution and trial court, not defendants, to bring cases to timely trial, even when defendants claim good cause for their delay.

We conclude that the petition must be denied as frivolous and monetary sanctions should be imposed…