People v. Taranovich

The question in this case is whether the defendant has been denied his right to a speedy trial when, following his arrest, the prosecutor took no further action on the case for over 12 months because he had misplaced the defendant’s file. The trial court held that the defendant’s rights had been violated, and dismissed the indictment. The Appellate Division reversed.

There is a threshold question as to what standard applies. The defendant relies on a long line of decisions from our court which hold two factors determinative: (1) the length of the delay and (2) the reason for the delay. (See,…