People v. Norris

Appellate Division of the Supreme Court of New York

People v. Norris

43 A.D.2d 835, 350 N.Y.S.2d 930, 1974 N.Y. App. Div. LEXIS 6013

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

DecidedJanuary 4, 1974

StatusPublished

This text of 43 A.D.2d 835 (People v. Norris) 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. Norris, 43 A.D.2d 835, 350 N.Y.S.2d 930, 1974 N.Y. App. Div. LEXIS 6013 (N.Y. Ct. App. 1974).

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Opinion

Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, [836]*8361972, 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 preindictment delay of more than three years was unreasonable (People v. Terranova, 43 A D 2d 575). A valid reason for the delay was not given. Rabin, P. J., 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 T 2d 393), upon which People v. Terranova (43 A D 2d 575) is principally based, is not applicable to the factual pattern present at bar.

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Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, [836]*8361972, 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 preindictment delay of more than three years was unreasonable (People v. Terranova, 43 A D 2d 575). A valid reason for the delay was not given. Rabin, P. J., 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 T 2d 393), upon which People v. Terranova (43 A D 2d 575) is principally based, is not applicable to the factual pattern present at bar.

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Bluebook (online)

43 A.D.2d 835, 350 N.Y.S.2d 930, 1974 N.Y. App. Div. LEXIS 6013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-norris-nyappdiv-1974.