People v. Mosher

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MOSHER, Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 12, 1992

187 A.D.2d 861 (N.Y. App. Div. 1992)

589 N.Y.S.2d 953

Opinion

November 12, 1992

Appeal from the County Court of Chemung County (Castellino, J.).

We reject defendant's contention that excessive preindictment delay requires reversal of the conviction and dismissal of the indictment. Defendant was indicted within the time required by the Statute of Limitations and has demonstrated no special circumstances establishing any impairment of his right to a fair trial caused by the 22-month preindictment delay in this case (see, People v Fuller, 57 N.Y.2d 152).

Yesawich Jr., J.P., Levine, Mercure, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.