People v. Ciavarella

This is a motion by the defendant Ciavarella, joined in orally by the defendant Nappi, to dismiss the indictment on the ground of undue and prejudicial delay in the commencement of this prosecution.

The defendant Ciavarella submits that the robbery set forth in the indictment is alleged to have been committed on January 29, 1960 and that shortly thereafter he was identified by one Pat Cancellara as one of the robbers; that Cancellara did not make a formal complaint at that time because he was induced by one of the then Assistant District Attorneys not to press charges against the defendant;…