Legal Opinion · Dissent

People v. Virgil

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

Decided November 15, 1985Published

1Dissent

Hancock, Jr., J. P. (dissenting).

I must disagree. The majority’s conclusion that defendant’s constitutional right to a *287speedy trial (CPL 30.20) has been offended under People v Taranovich (37 NY2d 442) presupposes a "22-month delay between defendant’s arrest and his trial”. To charge the People with 22 months for purposes of the CPL 30.20 analysis under the circumstances here is, in my view, totally unwarranted. On July 24, 1981 defendant was arrested on charges arising out of the alleged knife-point robbery of a homosexual. During the pendency of the charges stemming from this incident,…

2Cases cited5 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. WattsNew York Court of Appeals · 1982
  3. People v. ProsserNew York Court of Appeals · 1955
  4. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1981
  5. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1976

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