Legal Opinion

People v. Gandhi

New York Supreme Court

Decided November 20, 1975Published

1Opinion of the CourtIrving Lang, J.

This motion to dismiss a three-and-a-half-year-old indictment highlights the all too frequent mishandling of cases where a defendant has more than one indictment pending against him. Once again a court is confronted with conflicting affidavits by reputable defense and prosecuting attorneys concerning purported agreements, informally arrived at, with no support for respective positions in the court record.

In 1972 the defendant Joseph Gandhi and a codefendant, Edward Rackley, had two indictments pending against them. In Indictment No. 412/72 they were charged with murder and robbery: In…

2Cases cited14 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. People v. SelikoffNew York Court of Appeals · 1974
  5. People v. ProsserNew York Court of Appeals · 1955

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