Opinion
11-17-2016
The PEOPLE & c., Respondent, v. Clinton JOHNSON, Appellant.
Philip Rothschild, Hiscock Legal Aid Society, Syracuse (Evan Hannay of counsel), for appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
Philip Rothschild, Hiscock Legal Aid Society, Syracuse (Evan Hannay of counsel), for appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
MEMORANDUM:The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly four and one-half year delay between the crime and the indictment "did not deprive defendant of his due process right to prompt prosecution" ( People v. Velez, 22 N.Y.3d 970, 972, 978 N.Y.S.2d 716, 1 N.E.3d 790 [2013] ). This is not a circumstance where "a lengthy and unjustifiable delay in commencing the prosecution [ ] require[s] dismissal even though no actual prejudice to the defendant is shown" (People v. Singer, 44 N.Y.2d 241, 253–254, 405 N.Y.S.2d 17, 376 N.E.2d 179 [1978] ).
Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS–SALAAM, STEIN, FAHEY and GARCIA concur.On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11 ), order affirmed, in a memorandum.