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PEOPLE v. CHIRIELEISON

3 A.D.2d 767 (1957)

The People of the State of New York, Respondent, v. Ralph Chirieleison, Appellant

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

March 25, 1957

Order reversed on the law, motion granted, indictment dismissed, and judgment vacated.

In accordance with the sentence on an unrelated conviction, appellant was released from jail approximately five years after the indictment under attack had been presented, during which time no attempt had been made to bring him to trial. Under the circumstances, he was entitled to dismissal of the indictment (People v. Prosser, 309 N.Y. 353

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