People v. Almonte

The court properly denied defendant’s motion to dismiss the indictment on the ground of prearrest delay (see People v Taranovich, 37 NY2d 442, 445 [1975]). The 10-year investigative delay was significant, but it was justified in this extremely serious case involving the murder of a police officer, where defendant fled the country after the incident.

At the original grand jury presentation in 1989, the People presented evidence against defendant and a codefendant. However, the People only asked the grand jury to consider charges against the codefendant. The People reasonably concluded that,…