People v. Terranova

Appellate Division of the Supreme Court of New York

People v. Terranova

43 A.D.2d 575, 349 N.Y.S.2d 412, 1973 N.Y. App. Div. LEXIS 3168

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

DecidedNovember 12, 1973

StatusPublished

This text of 43 A.D.2d 575 (People v. Terranova) 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. Terranova, 43 A.D.2d 575, 349 N.Y.S.2d 412, 1973 N.Y. App. Div. LEXIS 3168 (N.Y. Ct. App. 1973).

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Opinion

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; People v. White, 32 H Y 2d 393; People v. Simmons 40 A D 2d 563). Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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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; People v. White, 32 H Y 2d 393; People v. Simmons 40 A D 2d 563). Hopkins, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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Bluebook (online)

43 A.D.2d 575, 349 N.Y.S.2d 412, 1973 N.Y. App. Div. LEXIS 3168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-terranova-nyappdiv-1973.

Opinion

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