People v. Kelly

Chief Judge Breitel.

Defendant was convicted, after jury trial, of second degree manslaughter (Penal Law, § 125.15, subd 1). He was sentenced from 5 to 15 years in prison. The Appellate Division affirmed, one Justice dissenting, and defendant appeals.

The primary issue is whether an almost 27-month delay between indictment and trial, occasioned in large part by the physical incapacity of the key prosecution witness and the priority assigned by the trial prosecutor to more important jail cases, violated defendant’s constitutional right to speedy trial.

There should be an affirmance. Whether one…