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People v. Foster

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1994
205 A.D.2d 313 (N.Y. App. Div. 1994)

Opinion

June 2, 1994

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


The delay of 20 months, measured from defendant's indictment for bail jumping upon her being returned to court to the entry of her guilty plea, did not violate defendant's right to a speedy trial under CPL 30.20 or US Constitution Sixth Amendment (see, People v. Singer, 44 N.Y.2d 241, 252-254), in view of the two then pending robbery indictments and attendant plea negotiations, which might have disposed of the bail jumping charge. Prosecutors may exercise discretion in the timing of prosecutions (People v Nocerino, 159 A.D.2d 358, lv denied 76 N.Y.2d 740), and we find no abuse of such discretion here. Nor do we find any prejudice to defendant attributable to the delay (see, People v. Taranovich, 37 N.Y.2d 442, 446-447).

Concur — Sullivan, J.P., Rosenberger, Ellerin, Asch and Nardelli, JJ.


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1994
205 A.D.2d 313 (N.Y. App. Div. 1994)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSE FOSTER, Appellant

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

Date published: Jun 2, 1994

Citations

205 A.D.2d 313 (N.Y. App. Div. 1994)
612 N.Y.S.2d 414

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