People v. Magar

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 17, 2002, convicting defendant following a nonjury trial of the crime of burglary in the third degree.

On May 19, 2001, defendant, in the company of at least three other persons, broke into the apartment of Corey Simpson and assaulted him. Because the detective who investigated the case did not realize it was assigned to him, defendant was not *690indicted until April 4, 2002, a delay of 10 months and 16 days. In the interim, defendant, who was on parole for two prior unrelated convictions, was arrested…