People v. Cedeno
| Decision Date | 08 January 1981 |
| Citation | 437 N.Y.S.2d 72,52 N.Y.2d 847,418 N.E.2d 665 |
| Parties | , 418 N.E.2d 665 The PEOPLE of the State of New York, Respondent, v. Maximo CEDENO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 72 A.D.2d 669, 421 N.Y.S.2d 750, should be affirmed.
Defendant's only contention in our court is that the lapse of 13 months between his arrest and his arraignment on the indictment was an unreasonable delay in prosecution which constituted a denial of his constitutional right to due process in consequence of which his conviction should be reversed and the indictment dismissed (People v. Singer, 44 N.Y.2d 241, 405 N.Y.S.2d 17, 376 N.E.2d 179; People v. Staley, 41 N.Y.2d 789, 396 N.Y.S.2d 339, 364 N.E.2d 1111). While defendant did make a motion to dismiss the indictment under CPL 30.30, he made no motion to dismiss based on the contention he now advances. In that circumstance he has failed to preserve that contention for our review (People v. Lieberman, 47 N.Y.2d 931, 419 N.Y.S.2d 946, 393 N.E.2d 1019).
COOKE, C. J., taking no part.
Order affirmed in a memorandum.
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... ... Benedict, 68 N.Y.2d 832, 508 N.Y.S.2d 175, 500 N.E.2d 873 [due process right to fair trial]; People v. Thomas, supra [Sandstrom error]; People v. Miguel, 53 N.Y.2d 920, 922, 440 N.Y.S.2d 923, 423 N.E.2d 400 [Dunaway error]; People v. Cedeno, 52 N.Y.2d 847, 848, 437 N.Y.S.2d 72, 418 N.E.2d 665 [due process violation based on delay in prosecution]; People v. Martin, 50 N.Y.2d 1029, 431 N.Y.S.2d 689, 409 N.E.2d 1363 [Payton error]; People v. Booker, 49 N.Y.2d 989, 429 N.Y.S.2d 168, 406 N.E.2d 1062; People v. Tutt, 38 N.Y.2d 1011, ... ...
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