Summary
In Townsend, as in a line of Federal decisions which reached similar results (see, e.g., Ross v. United States, 349 F.2d 210; Woody v. United States, 370 F.2d 214; United States v. Napue, 401 F.2d 107; Jones v. United States, 402 F.2d 639), the issue of undue delay had been raised by the defendant at trial.
Summary of this case from People v. MintzOpinion
December 6, 1971
Appeal by defendant from a judgment of the County Court, Nassau County, rendered February 2, 1971, convicting him of criminal possession of a dangerous drug in the fourth degree, upon his guilty plea, and imposing sentence. Case remanded to the County Court, Nassau County, for a hearing to determine whether the preindictment delay was occasioned by the District Attorney and appeal held in abeyance in the interim. On these papers, a valid explanation has not been given for the preindictment delay. When there has been a delay of almost a year in informing the defendant of the charges against him, a mere claim that the police department records indicate a continuing narcotics investigation is not sufficient. A hearing must be held to determine whether the preindictment delay was reasonable. Rabin, P.J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.