Legal Opinion
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Appeal by the People from an order of the County Court, Suffolk County (Corso, J.), dated August 7,1997, which granted the defendant’s motion to dismiss the indictment on the ground that preindictment delay deprived him of due process.
Ordered that the order is reversed, on the law, and the indictment is reinstated.
In assessing a due process claim based on preindictment delay, the factors to be considered are (1) the length of the delay, (2) the reason for the delay, (3) the degree of actual prejudice to the defendant, and (4) the seriousness of the underlying offense (see, People v Quiroz,…
2Cases cited9 opinions
- People v. FullerNew York Court of Appeals · 1982
- People v. DonovanAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RosadoAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. QuirozAppellate Division of the Supreme Court of the State of New York · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 2005
- People v. AcevedoAppellate Division of the Supreme Court of the State of New York · 2020
- People v. RussinAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BalkenAppellate Division of the Supreme Court of the State of New York · 2000
- People v. MyersAppellate Division of the Supreme Court of the State of New York · 2006