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People v. Wagoner
In any event, the resulting prejudice was minimal and does not outweigh the good-faith determination to delay prosecution ( see People v Fleming , 141 AD3d 408, 409 [1st Dept 2016], lv denied 28 NY3d 1027 [2016], reconsideration denied 28 NY3d 1124 [2016]; People v Rogers , 103 AD3d 1150 , 1151 [4th Dept 2013], lv denied 21 NY3d 946 [2013]; see generally People v Johnson , 134 AD3d 1388 , 1390 [4th Dept 2015], affd 28 NY3d 1048 [2016]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Clinton Johnson
v.
Clinton Johnson
New York Court of Appeals.
Nov 17, 2016.
APPEARANCES OF COUNSEL, Philip Rothschild, Hiscock Legal Aid Society, Syracuse (Evan Hannay of counsel), for appellant., William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
Abdus, Difiore, Fahey, Garcia, Pigott, Rivera, Salaam, Stein.
Cited by 6 opinions | Published
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly 4V2 year delay between the crime and the indictment “did not deprive defendant of his due process right to prompt prosecution” (People v Velez, 22 NY3d 970, 972 [2013]). This is not a circumstance where “a lengthy and unjustifiable delay in commencing the prosecution . . . require [s] dismissal even though no actual prejudice to the defendant is shown” (People v Singer, 44 NY2d 241, 253-254 [1978]).
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.[*1049] On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.