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PEOPLE v. GODWIN

2 A.D.2d 846 (1956)

The People of the State of New York, Appellant, v. James Godwin, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 1956

Order unanimously reversed and the motion of defendant to dismiss the indictment denied, without costs.

The 21-month delay in bringing the defendant to trial may, in some circumstances, amount to a deprivation of his "guarantee of a speedy trial" (People v. Prosser, 309 N.Y. 353, 356). But, as pointed out in the Prosser case, the question of delay is always a factual one, and there is no absolute single test. The district...

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