People v. Lush
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We held this case, reserved decision and remitted the matter to Ontario County Court to conduct a hearing on the issue whether the 14-month delay between defendant’s arrest and indictment was unreasonable or resulted from a good faith determination to defer prosecution for investigation or for other sufficient reasons (People v Lush,
*897234 AD2d 991). At the hearing, a police officer involved in the investigation testified for the People. The court properly concluded that, although some prejudice may have resulted from the delay, the determination…
2Cases cited11 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. SandovalNew York Court of Appeals · 1974
- People v. LubowNew York Court of Appeals · 1971
- People v. SkaarAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by3 opinions
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2007
- People v. ConwayAppellate Division of the Supreme Court of the State of New York · 2000
- People v. AyusoAppellate Division of the Supreme Court of the State of New York · 1998