STATE v. SMITH


70 N.J. 213 (1976)

358 A.2d 782

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH SMITH, MICHAEL RYTELEWSKI, HERBERT DOLAN AND JAMES W. HYRES, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 17, 1976.


Attorney(s) appearing for the Case

Mr. Robert E. Levy argued the cause for appellant Smith.

Mr. Paul J. Feldman argued the cause for appellant Rytelewski (Mr. Charles Frankel, attorney).

Mr. Theodore J. Labrecque, Jr., argued the cause for appellant Dolan (Messrs. Labrecque, Parsons and Bassler, attorneys).

Mr. Roland R. Formidoni argued the cause for appellant Hyres (Messrs. McLaughlin, Abbotts and Cooper, attorneys; Mr. James J. McLaughlin on the brief).

Mr. Daniel L. Grossman, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney).


PER CURIAM.

The judgment is affirmed substantially for the reasons expressed by the Appellate Division.

PASHMAN, J. (dissenting).

This case poses the question whether defendants' fundamental right to a speedy trial which is protected by the sixth and fourteenth amendments of the United States Constitution and article I, paragraph 10 of the New Jersey Constitution of 1947, has been denied by lengthy delays in their prosecution. The majority today determines...

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