People v. Terranova
| Decision Date | 12 November 1973 |
| Citation | 43 A.D.2d 575,349 N.Y.S.2d 412 |
| Parties | The PEOPLE, etc., Respondent, v. Carmine TERRANOVA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before HOPKINS, Acting P.J., and LATHAM, SHAPIRO, CHRIST and BENJAMIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, Westchester County, rendered February 22, 1972, convicting him of attempted robbery in the third degree, upon a guilty plea, and imposing sentence.
Judgment reversed, on the law, and indictment dismissed.
In our opinion, the delay of 21 months between March, 1970, when the felony information was filed, and December, 1971, when appellant was returned from New Jersey State Prison to Westchester County for trial, was unreasonable as a matter of law. No good cause for the delay was established (United States v. Marion, 404 U.S. 307, 92 S.Ct. 455, 30 L.Ed.2d 468; People v. White, 32 N.Y.2d 393, 334 N.Y.S.2d 48; People v. Simmons, 40 A.D.2d 563, 334 N.Y.S.2d 117).
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People v. Imbesi
...dismiss the indictment should have been granted. (People v. Wallace, 26 N.Y.2d 371, 310 N.Y.S.2d 484, 258 N.E.2d 904; People v. Terranova, 43 A.D.2d 575, 349 N.Y.S.2d 412.) Accordingly, we would reverse the judgment of conviction and dismiss the ...
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People v. Norris
...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, A valid reason for the delay was not given. SAMUEL RABIN, P.J., and HOPKINS and BRENNAN, JJ., c......