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PEOPLE v. MINICONE

28 N.Y.2d 279 (1971)

The People of the State of New York, Respondent, v. Joseph Minicone and John Massiello, Jr., Appellants.

Court of Appeals of the State of New York.

Decided April 15, 1971.

Attorney(s) appearing for the Case

Roy M. Cohn and Irving Anolik for appellants.

Carl A. Vergari, District Attorney (James J. Duggan of counsel), for respondent.

Chief Judge FULD and Judge GIBSON concur with Judge BERGAN; Judge SCILEPPI concurs in a memorandum, and Judge JASEN concurs in result in a separate memorandum in which Judge BREITEL concurs; Judge BURKE taking no part.

BERGAN, J.

A delay of almost four years between the indictment of defendants on September 28, 1965 and their trial June 17, 1969, at which they were convicted of assault, second degree, and maiming, has effectively deprived them of their constitutional and statutory right to a prompt trial (Civil Rights Law, § 12; Code Crim. Pro., § 8, subd. 1; People v. Prosser, 309 N.Y. 353<...

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