United States v. Fay

• Decision Date: 05 June 1961
• Citation: United States v. Fay, 195 F.Supp. 432 (S.D. N.Y. 1961)
• Parties: UNITED STATES of America ex rel. Louis VON CSEH, Petitioner, v. Edward M. FAY, The Warden of Greenhaven Prison, Respondent.
• Court: U.S. District Court — Southern District of New York

195 F. Supp. 432

UNITED STATES of America ex rel. Louis VON CSEH, Petitioner, v. Edward M. FAY, The Warden of Greenhaven Prison, Respondent.

United States District Court S. D. New York.

June 5, 1961.

Kevin Thomas Duffy, New York City, for petitioner.

DIMOCK, District Judge.

This is an application for a writ of habeas corpus. Applicant is at present imprisoned pursuant to a judgment of conviction by the Court of General Sessions for New York County. He claims that the conviction was obtained in violation of his right to a speedy trial as secured by the Sixth and Fourteenth Amendments of the United States Constitution.

Applicant was tried by the Court of General Sessions on May 22, 1957, on an indictment charging grand larceny in the first degree and forgery in the second degree. The jury returned a verdict of guilty and a judgment of conviction ensued. The Appellate Division for the First Department reversed the conviction on the counts charging grand larceny and dismissed those counts, but affirmed the judgment as modified. People v. Von Cseh, 9 A.D.2d 660, 191 N.Y.S.2d 699. The Court of Appeals affirmed without opinion the order of the Appellate Division, 8 N.Y.2d 993, 205 N.Y.S. 2d 329, 169 N.E.2d 423, and the Supreme Court denied certiorari, 365 U.S. 817, 81 S.Ct. 699, 5 L.Ed.2d 695. Applicant states that he properly asserted the alleged denial of his constitutional rights raised herein at all stages of the state court proceedings and in his petition for certiorari to the Supreme Court.

The facts in support of applicant's constitutional claims appear in the petition and in a decision rendered by a Judge of the Court of General Sessions on applicant's motion to dismiss the indictment for want of prosecution. That decision is attached by applicant to his application for a writ.

The indictment against applicant was filed on October 19, 1953, and charged crimes alleged to have been committed between two and five years prior to the indictment. Four days after the indictment was filed, applicant was arraigned, pleaded not guilty and was admitted to bail. Three days later the District Attorney endeavored to bring the case on for trial, but applicant protested and obtained an adjournment for the purpose of making motions and preparing his defense. Applicant proceeded to move for a bill of particulars and for inspection of the grand jury minutes. Those motions were disposed of by May 1, 1954. Prior to that time the People had commenced to take conditional examination of a witness from India in order to perpetuate his testimony, but the examination was discontinued. On January 7, 1955, applicant's counsel expressed the desire to proceed to trial as soon as possible. At least six adjournments of trial occurred from January 7, 1955 until May, 1957, because the People's witness from India was not in New York. Applicant, on October 15, 1956, moved to dismiss the indictment for want of prosecution. The motion was denied with leave to renew on or about April 10, 1957. The motion, renewed on May 22, 1957, was again denied but the case was immediately brought on for trial.

Applicant alleges that during the pendency of the indictment he was unable to obtain any gainful employment and that the pendency of the indictment caused great mental anguish to his family and himself.

The right to a speedy trial afforded by the Sixth Amendment does not apply to criminal prosecutions in state courts. Copley v. Sweet, D.C.W. D.Mich., 133 F.Supp. 502, affirmed 6 Cir., 234 F.2d 660, certiorari denied 352 U.S. 887, 77 S.Ct. 138, 1 L.Ed.2d 91; In re Yager's Petition, D.C.E.D.Ky., 138 F. Supp. 717; Chick v. Commonwealth of Kentucky, D.C., 140 F.Supp. 418. Nor is the Sixth Amendment's guarantee of the right to a speedy trial made applicable to state prosecutions by the due process clause of the Fourteenth Amendment. In re Sawyer's Petition, 7 Cir., 229 F.2d 805, certiorari denied Sawyer v. Barczak, 351 U.S. 966, 76 S.Ct. 1025, 100 L.Ed. 1486. I have no doubt, however, that the due process clause of the Fourteenth Amendment does...