People v. Bryant
| Decision Date | 25 October 1962 |
| Citation | 12 N.Y.2d 719,186 N.E.2d 127,233 N.Y.S.2d 771 |
| Parties | , 186 N.E.2d 127 The PEOPLE of the State of New York, Respondent, v. Henry BRYANT, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Charles S. Haight, Jr., and Anthony F. Marra, New York City, for appellant.
John M. Braisted, Jr., Dist. Atty. (Thomas R. Sullivan, Staten Island, of counsel), for respondent.
The judgment should be reversed and the indictment dismissed. The nearly two-year delay from February 25, 1957, the day on which defendant was sentenced on the earlier charges, to January 13, 1959, the day on which he appeared in court for arraignment for trial on the present indictment at which time he moved to dismiss for failure to prosecute, is prima facie unreasonable. The People have failed to establish good cause for the delay (Code Crim.Proc., § 668), and defendant, in no manner, waived his right to a speedy trial. His failure to demand final disposition of the charges under section 669-a of the Code of Criminal Procedure was not a relinquishment of his right to move for dismissal under section 668 (People v. Segura, 6 N.Y.2d 936, 190 N.Y.S.2d 1004, 161 N.E.2d 216). Accordingly, the indictment should have been dismissed (People v. Piscitello, 7 N.Y.2d 387, 198 N.Y.S.2d 273, 165 N.E.2d 849).
Judgment reversed, etc.
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