Legal Opinion · Dissent

People v. Wiggins

Appellate Division of the Supreme Court of the State of New York

Decided October 6, 2016No. 1383 2635/08Published

1Dissent

Moskowitz and Gesmer, JJ.,

dissent in a memorandum by Gesmer, J., as follows: I respectfully dissent.

The Sixth Amendment to the United States Constitution and the New York State' Bill of Rights (Civil Rights Law § 12) guarantee the right to a speedy trial to an individual charged with a crime. Under the New York State Constitution’s due process clause, the individual charged with a crime is guaranteed an even broader right to be prosecuted without unreasonable delay (NY Const, art I, § 6; People v Singer, 44 NY2d 241, 253 [1978]; People v Staley, 41 NY2d 789 [1977]; People v Winfrey, 20 NY2d…

2Cases cited23 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. United States v. MarionSupreme Court of the United States · 1971
  4. Doggett v. United StatesSupreme Court of the United States · 1992
  5. People v. TaranovichNew York Court of Appeals · 1975

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