Legal Opinion
People v. McMillan
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1996PublishedCited by 6 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant, an inmate at a State correctional facility, was convicted after a jury trial of assault in the second degree (Penal Law § 120.05 [3]) for causing physical injury to a correction officer with intent to prevent the officer from performing a lawful duty. On appeal, he contends that his right to due process was violated by the preindictment delay of almost 16 months, requiring dismissal of the indictment as a matter of discretion in the interest of justice (see, People v Lesiuk, 81 NY2d 485, 490; People v Singer, 44 NY2d 241, 253). Because…
2Cases cited3 opinions
- People v. GallowayNew York Court of Appeals · 1981
- People v. LesiukNew York Court of Appeals · 1993
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- People v. HortonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SantmyerAppellate Division of the Supreme Court of the State of New York · 1998
- People v. TownsleyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CallistroAppellate Division of the Supreme Court of the State of New York · 2017
- People v. HammockAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.