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.