Legal Opinion
People v. Wheeler
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2001PublishedCited by 11 opinions
1Opinion of the Court
Judgment unanimously reversed on the law, motion granted, indictment dismissed and matter remitted to Steuben County Court for proceedings pursuant to CPL 470.45. Memorandum: County Court erred in denying the motion of defendant seeking dismissal of the indictment on the ground that preindictment delay deprived him of his due process right to a prompt prosecution. Under the circumstances of this case, we conclude that the delay of more than 22 months from defendant’s alleged commission of perjury in the first degree to the filing of the indictment is excessive. At the time defendant testified…
2Cases cited3 opinions
- People v. GallupAppellate Division of the Supreme Court of the State of New York · 1996
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1986
- People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by11 opinions
- People v. MontagueAppellate Division of the Supreme Court of the State of New York · 2015
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2012
- People v. InnabAppellate Division of the Supreme Court of the State of New York · 2020
- People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 2017
- People v. StefanovichAppellate Division of the Supreme Court of the State of New York · 2022
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