People v. Norris

• Decision Date: 04 January 1974
• Citation: 43 A.D.2d 835,350 N.Y.S.2d 930
• Parties: The PEOPLE, etc., Respondent, v. Gerald D. NORRIS, a/k/a Earl Fletcher, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 930

350 N.Y.S.2d 930

43 A.D.2d 835

The PEOPLE, etc., Respondent, v. Gerald D. NORRIS, a/k/a Earl Fletcher, Appellant.

Supreme Court, Appellate Division, Second Department.

Jan. 4, 1974.

Before RABIN, P.J., and HOPKINS, BRENNAN, MUNDER and SHAPIRO, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, 1972, convicting him of robbery in the second degree, upon a plea of guilty, and imposing sentence.

Judgment reversed, on the law, and indictment dismissed.

In our opinion the pre-indictment delay of more than three years was unreasonable (People v. Terranova, 43 A.D.2d 575, 349 N.Y.S.2d 412 (2d Dept., dec. Nov. 12, 1973)).

A valid reason for the delay was not given.

SAMUEL RABIN, P.J., and HOPKINS and BRENNAN, JJ., concur.

MUNDER and SHAPIRO, JJ., dissent and vote to affirm, with the following memorandum:

In our opinion, People v. White, 32 N.Y.2d 393, 345 N.Y.S.2d 513, 298 N.E.2d 659, upon which People v. Terranova, 43 A.D.2d 575, 349 N.Y.S.2d 412 (2d Dept., dec. Nov. 12, 1973), is principally based, is not applicable to the factual pattern present at bar.