Summary
In Moore, defendant, charged with homicide, was in jail during all of the 18 1/2-month delay, approximately 13 1/2 months of which could be charged to the People.
Summary of this case from People v. WhiteOpinion
Argued May 1, 1979 Reargued June 5, 1979.
Decided June 12, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DONALD SULLIVAN, J.
Diana Budzanoski and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Vida M. Alvy of counsel), for respondent.
Order reversed and the indictment dismissed on so much of the dissenting memorandum by Mr. Justice LEONARD H. SANDLER at the Appellate Division as relates to the speedy trial issue ( 63 A.D.2d 602, 603-606).
Concur: Judges JONES, WACHTLER, FUCHSBERG and MEYER. Chief Judge COOKE and Judges JASEN and GABRIELLI dissent and vote to affirm on the memorandum of the Appellate Division ( 63 A.D.2d 602).