§Why CasetextPricing

The People, Respondent,v.Clinton Johnson, Appellant.

Brief

11 Cited authorities

  1. People v. Taranovich

    37 N.Y.2d 442 (N.Y. 1975)   Cited 989 times
    In People v. Taranovich, 37 N.Y.2d 442 (1975), the New York Court of Appeals adopted a substantially similar balancing test, using the following factors: "(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay."

  2. People v. Singer

    44 N.Y.2d 241 (N.Y. 1978)   Cited 328 times
    Providing a defendant with a pre-trial hearing to determine whether a pre-indictment delay was reasonable

  3. People v. Staley

    41 N.Y.2d 789 (N.Y. 1977)   Cited 150 times
    In People v. Staley, we held that a "wholly unexplained 31–month delay" was an "extraordinary time-lapse" that "would, without question, be cause for dismissal of the indictment" even without any showing of prejudice (see 41 N.Y.2d at 790–793, 396 N.Y.S.2d 339, 364 N.E.2d 1111).

  4. People v. Lesiuk

    81 N.Y.2d 485 (N.Y. 1993)   Cited 84 times
    Finding that a desire to continue to use an informant to arrange another drug transaction involving the defendant constituted sufficient reason for an eight month delay in arresting the defendant

  5. People v. Nazario

    85 A.D.3d 577 (N.Y. App. Div. 2011)   Cited 11 times

    Nos. 5379, 2281. June 21, 2011. Judgment, Supreme Court, Bronx County (Richard L. Price, J., at Singer hearing; Caesar D., J., at nonjury trial and sentencing), rendered September 12, 2006, convicting defendant of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed. Steven Banks, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Robert Nazario, appellant pro se. Robert T. Johnson, District Attorney, Bronx (Karen Swiger of

  6. People v. Gallup

    224 A.D.2d 838 (N.Y. App. Div. 1996)   Cited 16 times

    February 22, 1996 Appeal from the County Court of St. Lawrence County (Nicandri, J.). Casey, J.Page 839 Defendant contends that County Court erred in denying his motion to dismiss the indictment, which charged him with the crime of arson in the fourth degree, due to the more than four-year delay from the date of the crime until the date of the indictment. Initially, we note that although a guilty plea effects a forfeiture of the right to renew many arguments made before the plea, defendant's claim

  7. People v. Rodriguez

    281 A.D.2d 375 (N.Y. App. Div. 2001)   Cited 11 times

    March 29, 2001. Judgment, Supreme Court, New York County (Budd Goodman, J. on Singer motion; Mary McGowan Davis, J. on Wilkins motion, jury trial and sentence), rendered June 9, 1997, convicting defendant of murder in the second degree and attempted murder in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 25 years to life and 12½ to 25 years, respectively, and order, same court (John Stackhouse, J.), entered on or about November 29, 1999, which denied

  8. People v. Wheeler

    289 A.D.2d 959 (N.Y. App. Div. 2001)   Cited 7 times

    (1503) KA 01-00912 December 21, 2001. (Appeal from Judgment of Steuben County Court, Furfure, J. — Attempted Perjury, 1st Degree.) PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HAYES AND HURLBUTT, JJ. Judgment unanimously reversed on the law, motion granted, indictment dismissed and matter remitted to Steuben County Court for proceedings pursuant to CPL 470.45. Memorandum: County Court erred in denying the motion of defendant seeking dismissal of the indictment on the ground that preindictment delay deprived

  9. People v. Brown

    262 A.D.2d 419 (N.Y. App. Div. 1999)   Cited 7 times

    Submitted April 27, 1999 June 7, 1999 Appeal by the People from an order of the County Court, Suffolk County (Corso, J.), dated August 7, 1997, which granted the defendant's motion to dismiss the indictment on the ground that preindictment delay deprived him of due process. James M. Catterson, Jr., District Attorney, Riverhead, N Y (Jacqueline M. Dudley, Guy Arcidiacono, and Brian Grauer of counsel), for appellant. GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, SANDRA J. FEUERSTEIN, NANCY E. SMITH,

  10. People v. Corrigan

    139 A.D.2d 918 (N.Y. App. Div. 1988)   Cited 11 times

    April 8, 1988 Appeal from the Niagara County Court, Hannigan, J. Present — Doerr, J.P., Boomer, Green, Lawton and Davis, JJ. Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: On appeal from convictions of two counts of felony murder and related crimes, defendant raises several claims, none requiring reversal. Defendant's primary claim is that the trial court erred in failing to charge that the testimony of an alleged accomplice must be