PEOPLE v. WINFREY


20 N.Y.2d 138 (1967)

The People of the State of New York, Respondent, v. Sebie Winfrey, Appellant.

Court of Appeals of the State of New York.

Decided June 1, 1967.


Attorney(s) appearing for the Case

Matthew Muraskin and James J. McDonough for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and SCILEPPI concur with Judge BREITEL; Judges BERGAN and KEATING dissent and vote to affirm in a memorandum.


BREITEL, J.

Defendant appeals from an order of the Appellate Division reversing an order of the County Court dismissing a criminal action for lack of prosecution.

The issue presented is whether defendant has been denied due process in the delayed prosecution of the charges against him for forgery in the second degree and petit larceny. The issue is distinguishable from the right to a speedy indictment...

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