People v. Godwin
| Decision Date | 08 March 1957 |
| Citation | 2 N.Y.2d 891,161 N.Y.S.2d 145 |
| Parties | , 141 N.E.2d 629 PEOPLE, Respondent, v. James GODWIN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 2 A.D.2d 846, 156 N.Y.S.2d 37.
Defendant made a motion to dismiss indictment. The motion was granted, and the People of the State of New York appealed.
The Appellate Division reversed the order, denied the motion, and held that where District Attorney of Bronx County lodged warrant against defendant while defendant was in city prison prior to his arraignment on New York County indictments, and District Attorney had the Bronx County warrant lodged as a detainer at Elmira Reformatory and defendant three times requested postponement after District Attorney stated that the People were ready for trial, the delay of 21 months in bringing defendant to trial did not deprive defendant of the right to speedy trial.
The defendant appealed to the Court of Appeals.
The Court of Appeals, 2 N.Y.2d 784, 158 N.Y.S.2d 328, granted application to have appeal heard on five copies of the record before the Appellate Division and typewritten additional papers.
Daniel V. Sullivan, Dist. Atty., New York City (Walter E. Dillon, New York City, and Irving Anolik, Asst. Dist. Attys., New York City, of counsel), for respondent.
Order affirmed.
All concur.
To continue reading
Request your trial
-
People v. Ross
...People v. Wilson, 8 N.Y.2d 391, 208 N.Y.S.2d 963, 171 N.E.2d 310; People v. Godwin, 2 A.D.2d 846, 156 N.Y.S.2d 37, aff'd 2 N.Y.2d 891, 161 N.Y.S .2d 145, 141 N.E.2d 629; the decisions in other states are collected in 22A C.J.S. Criminal Law § 472, subd. b). It is to this body of law, theref......
-
People v. Winter
...896, 57 A.L.R.2d 295; People v. White, 2 N.Y.2d 220, 159 N.Y.S.2d 168; People v. Godwin, 2 A.D.2d 846, 158 N.Y.S.2d 783, affirmed 2 N.Y.2d 891, 161 N.Y.S.2d 145). On the other hand, a waiver of the right to a speedy trial is not to be lightly inferred from equivocal circumstances. The wrong......
-
People v. Segura
...668; People v. White, 2 N.Y.2d 220, 223-225, 159 N.Y.S.2d 168, 171-173; People v. Godwin, 2 A.D.2d 846, 156 N.Y.S.2d 37, affirmed 2 N.Y.2d 891, 161 N.Y.S.2d 145; People v. Prosser, 309 N.Y. 353, 359-360, 130 N.E.2d 891, 895-896, 57 A.L.R.2d 295. Nor has the District Attorney made any attemp......
-
People v. Abbatiello
...ground. (See People v. White, supra; People v. Prosser, supra; People v. Godwin, 2 A.D.2d 846, 156 N.Y.S.2d 37, affd. 2 N.Y.2d 891, 161 N.Y.S.2d 145, 141 N.E.2d 629.) We have considered the further points raised by the defendant on this appeal, but find that they also lack merit. Consequent......