People v. Proctor

Appellate Division of the Supreme Court of New York

People v. Proctor

184 A.D.2d 237, 584 N.Y.S.2d 810, 1992 N.Y. App. Div. LEXIS 7717

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

DecidedJune 4, 1992

StatusPublished

This text of 184 A.D.2d 237 (People v. Proctor) 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. Proctor, 184 A.D.2d 237, 584 N.Y.S.2d 810, 1992 N.Y. App. Div. LEXIS 7717 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (Robert Haft, J.), rendered June 27, 1990, convicting defendant upon his plea of guilty of manslaughter in the first degree, and sentencing him to a term of imprisonment of 4 Vi to 9 years, unanimously affirmed.

Defendant’s constitutional right to a speedy trial was not violated by the delay in the extradition proceeding (People v Jackson, 178 AD2d 305) which is just one of the factors that is to be considered in determining whether a defendant has been denied due process (see, People v Taranovich, 37 NY2d 442, 445).

The record demonstrates that upon his release from custody by Illinois officials defendant’s whereabouts remained unknown until his subsequent arrest on a fugitive warrant. Although incarcerated, the delay was occasioned by the determination of the Illinois authorities to prosecute defendant prior to releasing him to New York officials. Concur — Ellerin, J. P., Kupferman, Ross, Asch and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Robert Haft, J.), rendered June 27, 1990, convicting defendant upon his plea of guilty of manslaughter in the first degree, and sentencing him to a term of imprisonment of 4 Vi to 9 years, unanimously affirmed.

Defendant’s constitutional right to a speedy trial was not violated by the delay in the extradition proceeding (People v Jackson, 178 AD2d 305) which is just one of the factors that is to be considered in determining whether a defendant has been denied due process (see, People v Taranovich, 37 NY2d 442, 445).

The record demonstrates that upon his release from custody by Illinois officials defendant’s whereabouts remained unknown until his subsequent arrest on a fugitive warrant. Although incarcerated, the delay was occasioned by the determination of the Illinois authorities to prosecute defendant prior to releasing him to New York officials. Concur — Ellerin, J. P., Kupferman, Ross, Asch and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

184 A.D.2d 237, 584 N.Y.S.2d 810, 1992 N.Y. App. Div. LEXIS 7717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-proctor-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack