People v. Godwin

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: PER CURIAM
• Citation: People v. Godwin, 156 N.Y.S.2d 37, 2 A.D.2d 846 (N.Y. App. Div. 1956)
• Decision Date: 23 October 1956
• Parties: The PEOPLE of the State of New York, Appellant, v. James GODWIN, Defendant-Respondent.

Page 37

156 N.Y.S.2d 37

2 A.D.2d 846

The PEOPLE of the State of New York, Appellant, v. James GODWIN, Defendant-Respondent.

Supreme Court, Appellate Division, First Department.

Oct. 23, 1956.

W. E. Dillon, New York City, for appellant.

S. G. Sparrow, Ridgewood, for defendant-respondent.

Before PECK, P. J., and BREITEL, BOTEIN, FRANK and VALENTE, JJ.

PER CURIAM.

Order unanimously reversed and the motion of defendant to dismiss the indictment denied without costs.

The 21-month delay in bringing the defendant to trial may, in some circumstances, amount to a deprivation of his 'guarantee of a speedy trial'. People v. Prosser, 309 N.Y. 353, 356, 130 N.E.2d 891, 893. But, as pointed out in the Prosser case, the question of delay is always a factual one, and there is no absolute single test.

The District Attorney of Bronx County lodged a warrant against him while he was in City Prison prior to his arraignment on the New York County indictments. This alone may not constitute a showing of good cause for the delay, Code of Criminal Procedure, § 668. Accordingly, this defendant, as distinguished from the defendant in the Prosser case, must have had 'an awareness that the prosecution was being kept alive * * * [and] that a trial would eventually be had * * *.' 309 N.Y. 353, 360, 130 N.E.2d 891, 896, if only from the further action of the District Attorney in having the Bronx County warrant lodged as a detainer at Elmira Reformatory. Moreover defendant, through his counsel, three times requested a postponement after the District Attorney had stated that the People were ready for trial. This conduct...