People v. Nocerino

Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered April 28, 1987, convicting defendant, upon his plea of guilty, of grand larceny in the second degree and sentencing him to time served, unanimously affirmed.

Defendant moved to dismiss his indictment on the ground of unconstitutional prearrest delay. The hearing court found that the preindictment period began on July 30, 1982, when the State Insurance Fraud Bureau first received the insurance company’s complaint about defendant. The court also determined that the eight-month period from indictment to arrest was not chargeable…