People v. Roberts

• Decision Date: 16 July 1958
• Citation: 177 N.Y.S.2d 226,11 Misc.2d 957
• Parties: PEOPLE of the State of New York, Plaintiffs, v. Joseph ROBERTS, Defendant.
• Court: New York County Court

Page 226

177 N.Y.S.2d 226

11 Misc.2d 957

PEOPLE of the State of New York, Plaintiffs, v. Joseph ROBERTS, Defendant.

Kings County Court.

July 16, 1958.

Edward S. Silver, Dist. Atty. of Kings County, Brooklyn, for the people.

William Leibowitz, Brooklyn, for Joseph Roberts.

HYMAN BARSHAY, Judge.

The defendant, while confined in Sing Sing Prison under a sentence heretofore imposed upon him by another Court, was indicted by the County Court of Kings County for robbery in the first degree, assault in the second degree and grand larceny in the first degree. The indictment was filed on May 18, 1956, and notice of that fact was given to the defendant on June 4, 1956, by the filing of a warrant with the warden of the institution wherein he was confined. No action was taken by the prosecutor to move this indictment for trial until April 30, 1958, when, for the first time, the defendant entered a plea of not guilty upon arraignment. The defendant now moves to dismiss the indictment on the ground that he was denied a speedy trial pursuant to the mandate of section 668 of [11 Misc.2d 958] the Code of Criminal Procedure. The Court accorded him a hearing. On the evidence adduced, this motion is granted. The Court finds that the defendant was not responsible for, nor did he acquiesce in, or consent to any delay of his prosecution. 'There is not so much as a suggestion that defendant procured, caused, consented to, acquiesced in or * * * condoned the past delay. Code Crim.Proc. § 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 attempt to offer 'good cause' for its occurrence.' People v. Segura, 12 Misc.2d 279, 280, 177 N.Y.S.2d 218, 219; People v. Mudra, 12 Misc.2d 438, 177 N.Y.S.2d 224.

Submit order.