From Casetext: Smarter Legal Research

People v. Norris

Appellate Division of the Supreme Court of New York, Second Department
Jan 4, 1974
43 A.D.2d 835 (N.Y. App. Div. 1974)

Opinion

January 4, 1974


Appeal by defendant from a judgment of the County Court, Westchester County, rendered April 4, 1972, convicting him of robbery in the second degree, upon a plea of guilty, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. In our opinion the preindictment delay of more than three years was unreasonable ( People v. Terranova, 43 A.D.2d 575). A valid reason for the delay was not given. Rabin, P.J., Hopkins and Brennan, JJ., concur; Munder and Shapiro, JJ., dissent and vote to affirm, with the following memorandum: In our opinion, People v. White ( 32 N.Y.2d 393), upon which People v. Terranova ( 43 A.D.2d 575) is principally based, is not applicable to the factual pattern present at bar.


Summaries of

People v. Norris

Appellate Division of the Supreme Court of New York, Second Department
Jan 4, 1974
43 A.D.2d 835 (N.Y. App. Div. 1974)
Case details for

People v. Norris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD D. NORRIS, Also…

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

Date published: Jan 4, 1974

Citations

43 A.D.2d 835 (N.Y. App. Div. 1974)