People v. Miller

Appeal by the People from an order of the County Court, Nassau County (Peck, J.), entered November 23, 2009, which, without a hearing, granted the defendant’s motion to dismiss the indictment on the ground that there was an unreasonable delay in prosecution.

Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the County Court, Nassau County, for a hearing in accordance herewith and thereafter for a new determination of the defendant’s motion to dismiss the indictment.

On February 23, 2007, the defendant allegedly burglarized a commercial…