People v. Cooper

OPINION OF THE COURT

Kathleen M. Rogers, J.

*579Defendant has moved to dismiss the indictment charging one count of first degree promoting prison contraband (Penal Law § 205.25 [2]) on the grounds of preindictment delay in prosecution. The indictment charges that on July 16, 2003 defendant possessed dangerous contraband, to wit, a OVa-inch sharpened metal rod, while he was an inmate at Gouverneur Correctional Facility.

By order dated December 13, 2004, this court conducted a hearing to inquire into the five factors relevant to preprosecution delay: (1) the extent of the delay, (2) the reason for the…