PEOPLE v. PROSSER


309 N.Y. 353 (1955)

The People of the State of New York, Respondent, v. Howard Prosser, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1955


Attorney(s) appearing for the Case

John B. Corcoran for appellant.

Richard N. Donovan, District Attorney, for respondent.

CONWAY, Ch. J., DESMOND, FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE, J., taking no part.


FULD, J.

The defendant in this case was brought to trial, and convicted, on an indictment six years after it had been returned by a grand jury. The Appellate Division condemned the delay, but concluded that the conviction should be affirmed. We take a different view. We condemn the delay and hold that it compels reversal of the conviction and dismissal of the indictment.

In January of 1946, the Grand Jury...

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