PEOPLE v. AGOGLIA


35 A.D.2d 583 (1970)

The People of the State of New York, Respondent, v. Robert Agoglia, Appellant

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

July 20, 1970


Judgment reversed insofar as appealed from, on the law and the facts, and indictment No. 142/65 dismissed.

In our opinion the delay of 13 months and 20 days between arraignment and the time when the case appeared on the calendar for trial was due solely to the inaction of the District Attorney, who offers no valid excuse therefor. We find that this delay, under the total circumstances of this case, deprived defendant of his right to a speedy trial; and therefore the...

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