People v. Mudra

Motion to dismiss indictment granted. (Code Crim. Pro., § 8, subd. 1; § 668.) The main question is whether defendant abandoned or waived his section 668 right to request a dismissal for past delay by his prior service of a notice and request for a final disposition of the indictment under the provisions of section 669-a. In accordance with the views expressed in my opinion in the Segura case (People v. Segura, 12 Misc 2d 279) I hold that he did not. The remaining question is whether the period of delay — not quite 14 months — is sufficient to entitle defendant to a dismissal. I hold that it…