Legal Opinion

People v. McNeal

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2012PublishedCited by 2 opinions

1Opinion of the CourtMcCarthy, J.

*1205Defendant was not denied his constitutional right to a speedy trial. While some of the factors laid out by the Court of Appeals weigh in favor of defendant (see People v Romeo, 12 NY3d 51, 55 [2009], cert denied 558 US —, 130 S Ct 63 [2009]; People v Taranovich, 37 NY2d 442, 445 [1975]), when considered in aggregate, the factors support a finding of no violation. The 21/f2-year delay between his first indictment and the filing of his motion to dismiss was lengthy, such that it would be considered excessive absent justification (see People v Romeo, 12 NY3d at 56; People v Morris, 25 AD3d 915,…

2Cases cited5 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. RomeoNew York Court of Appeals · 2009
  3. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. PanarellaAppellate Division of the Supreme Court of the State of New York · 1975
  5. People v. DrakeAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by2 opinions

  1. People v. HeimrothAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. StokesAppellate Division of the Supreme Court of the State of New York · 2016

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