PEOPLE v. JOHNSON


38 N.Y.2d 271 (1975)

The People of the State of New York, Respondent, v. Thomas Johnson, Appellant.

Court of Appeals of the State of New York.

Decided December 4, 1975.


Attorney(s) appearing for the Case

Richard A. Greenberg and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Vincent L. Gambale of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judge JASEN dissents and votes to affirm in a separate opinion.


WACHTLER, J.

The defendant was incarcerated for 18 months awaiting trial on an indictment charging him with murder and possession of a weapon as a misdemeanor. He claims that he repeatedly but unsuccessfully demanded a prompt trial and finally pleaded guilty to manslaughter in the second degree only because, in the interim, an important defense witness moved from the area and could not be located. The delay was...

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