People v. Jenner

• Decision Date: 17 September 1971
• Citation: People v. Jenner, 324 N.Y.S.2d 525, 37 A.D.2d 786 (N.Y. App. Div. 1971)
• Parties: The PEOPLE of the State of New York, Respondent, v. Henry JENNER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 525

324 N.Y.S.2d 525

37 A.D.2d 786

The PEOPLE of the State of New York, Respondent, v. Henry JENNER, Appellant.

Supreme Court, Appellate Division, Third Department.

Sept. 17, 1971.

Robert H. Ecker, Schoharie County Dist. Atty., Cobleskill, for respondent.

Feit, Schlenker & Katz, Albany (Dennis B. Schlenker, Albany, of counsel), for appellant.

Before REYNOLDS, J.P., and AULISI, STALEY, GREENBLOTT and SWEENEY, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the County Court, Schoharie County, convicting appellant, upon his plea of guilty, of the charge of criminal possession of a dangerous drug (Penal Law, § 220.05).

It is readily evident that the responsibility for any excess delay in the processing of the instant case lies with the appellant's attempt to reach an accommodation as to the charges involved and not with the prosecutor (People v. Ganci, 27 N.Y.2d 418, 422, 318 N.Y.S.2d 484, 486, 267 N.E.2d 263, 265). Accordingly, we find no violation of appellant's constitutional right to a speedy trial, and the judgment, therefore, should be...