[Download] "People State New York v. Joseph Sylvester" by Supreme Court of New York # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: People State New York v. Joseph Sylvester
• Author : Supreme Court of New York
• Release Date : January 22, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

In our opinion, the 14-month delay between the time defendant was released from Matteawan and the time he was tried in Kings County denied him due process and his right to a speedy trial under subdivision 1 of section 8 of the Code of Criminal Procedure (see People v. Sylvester, 50 Misc. 2d 677; People v. Mudra, 12 Misc. 2d 438). Since both the District Attorney and the Matteawan officials are agents of the State, the fault of the Matteawan officials in not notifying the District Attorney as to defendant's release should not be charged to the prisoner, but to the State(People v. Masselli, 13 N.Y.2d 1). The State has the duty of seeing that the defendant is speedily brought to trial (People v. Prosser, 309 N. Y. 353, 358-359). The People have failed to establish good cause for the delay (Code Crim. Pro., § 668), and defendant in no manner waived his right to a speedy trial. His failure to demand final disposition of the charges under section 669-a of the Code of Criminal Procedure in no way waived this right (People v. Bryant, 12 N.Y.2d 719; People v. Piscitello, 7 N.Y.2d 387; People v. Segura, 6 N.Y.2d 936), nor did he waive it by pleading guilty(People v. Chirieleison, 3 N.Y.2d 170). Accordingly, the indictment should be dismissed(People v. Piscitello, supra).

Ebook Free Online "People State New York v. Joseph Sylvester" PDF ePub Kindle