Legal Opinion

People v. Whelan

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

Decided November 18, 1993PublishedCited by 3 opinions

1Opinion of the CourtMahoney, J.

Appeal from a judgment of the County Court of Rensselaer County (Ceresia, Jr., J.), rendered November 2, 1990, upon a verdict convicting defendant of the crimes of rape in the first degree, robbery in the first degree, sexual abuse in the first degree, petit larceny and menacing (two counts).

Balancing the factors set forth in People v Taranovich (37 NY2d 442), we conclude that defendant was not denied his constitutional right to a speedy trial. While the delay between arraignment and indictment was 18 months, its significance is mitigated to a large extent by the fact that (1) at least 25% of…

2Cases cited8 opinions

  1. People v. TaranovichNew York Court of Appeals · 1975
  2. People v. WattsNew York Court of Appeals · 1982
  3. People v. BrathwaiteNew York Court of Appeals · 1984
  4. People v. BrownNew York Court of Appeals · 1992
  5. People v. MullinsAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by3 opinions

  1. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1995

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