People v. Ortiz

The court properly denied defendant’s motion to dismiss the indictment, which originally charged second-degree murder, made on the ground of preindictment delay. Defendant has not established any prejudice from the 11-year delay, which was caused by the fact that the police had no witnesses or suspects, and, despite good faith efforts, did not ascertain the identity of the perpetrator until after the advent of new fingerprint comparison technology (see United States v Lovasco, 431 US 783 [1977]; People v Singer, 44 NY2d 241, 252-255 [1978]; People v Taranovich, 37 NY2d 442 [1975]).…