People v. Staley

Gabrielli, J. (dissenting).

I vote to affirm upon the majority memorandum at the Appellate Division, with these additional comments.

The defendant argues strongly that the holding in United States v Marion (404 US 307) justifies a determination that his right to a speedy trial has been violated, and that the case stands for the proposition that the measuring time commences when he becomes an accused by arrest. The court in that case, however, was careful to point out that "the protection of the [Sixth] Amendment is activated only when a criminal prosecution has begun and extends only to those…