Peoplev.Agosto

Appellate Division of the Supreme Court of New York, Second DepartmentOct 2, 1986
123 A.D.2d 637 (N.Y. App. Div. 1986)

October 2, 1986

Appeal from the Supreme Court, Kings County (Coffinas, J.).


Judgment affirmed.

The undisputed facts set forth in the sworn affidavits submitted to Criminal Term in connection with the defendant's motion to dismiss the indictment constituted a sufficient basis upon which the court could decide that motion without a hearing (see, People v Gruden, 42 N.Y.2d 214; People v Schlessel, 104 A.D.2d 501). Since the record establishes that the 2 1/2-year delay between the date of the robbery in question and the defendant's arrest for his alleged participation in the robbery was justified under the circumstances and was not an attempt to gain any tactical advantage over him, there was no basis to grant the defendant's motion on due process grounds (see, People v Singer, 44 N.Y.2d 241; People v Thompson, 114 A.D.2d 1050; People v Hoff, 110 A.D.2d 782). Lazer, J.P., Mangano, Lawrence and Kooper, JJ., concur.