People v. McNeill

—Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was deprived of due process because of the prosecutor’s pre-indictment delay. The record does not indicate that the People delayed the prosecution to gain a tactical advantage, and there is no showing that defendant was prejudiced thereby. Although we recognize that unjustifiable delay in commencing a prosecution may require dismissal even where no actual prejudice to defendant is shown, the People met their burden of establishing good cause for the time that elapsed before indictment (see, People v Lesiuk, 81…