People v. Mosher

Appellate Division of the Supreme Court of New York

People v. Mosher

187 A.D.2d 861, 590 N.Y.S.2d 769, 1992 N.Y. App. Div. LEXIS 12845

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1992

StatusPublished

Cited by2 cases

This text of 187 A.D.2d 861 (People v. Mosher) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Mosher, 187 A.D.2d 861, 590 N.Y.S.2d 769, 1992 N.Y. App. Div. LEXIS 12845 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered May 7, 1991, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.

We reject defendant’s contention that excessive preindictment delay requires reversal of the conviction and dismissal of the indictment. Defendant was indicted within the time required by the Statute of Limitations and has demonstrated no special circumstances establishing any impairment of his right to a fair trial caused by the 22-month preindictment delay in this case (see, People v Fuller, 57 NY2d 152).

Yesawich Jr., J. P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered May 7, 1991, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree.

We reject defendant’s contention that excessive preindictment delay requires reversal of the conviction and dismissal of the indictment. Defendant was indicted within the time required by the Statute of Limitations and has demonstrated no special circumstances establishing any impairment of his right to a fair trial caused by the 22-month preindictment delay in this case (see, People v Fuller, 57 NY2d 152).

Yesawich Jr., J. P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

187 A.D.2d 861, 590 N.Y.S.2d 769, 1992 N.Y. App. Div. LEXIS 12845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mosher-nyappdiv-1992.

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