People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered March 1, 1993, which granted defendant’s motion to dismiss the indictment on the ground of excessive prearrest delay, affirmed.
Although the court did not explicitly apply the factors set forth in People v Taranovich (37 NY2d 442) in evaluating the circumstances of this case, it did not err in granting defendant’s motion. In our view, the length of the delay and the reason for the delay weigh heavily in his favor, and under the circumstances, are sufficient to warrant dismissal despite the apparent absence of prejudice (see,…
2Cases cited1 opinion
- People v. TaranovichNew York Court of Appeals · 1975
3Cited by4 opinions
- Erdheim v. GreinerDistrict Court, S.D. New York · 1998
- People v. ReganAppellate Division of the Supreme Court of the State of New York · 2021
- People v. GuzmanNew York Supreme Court · 1994
- People v. GuzmanAppellate Division of the Supreme Court of the State of New York · 1996