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PEOPLE v. HANKINS

52 A.D.2d 470 (1976)

The People of the State of New York, Respondent, v. George Hankins, Appellant

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

June 17, 1976

Attorney(s) appearing for the Case

J. Raymond Fisher for appellant.

Sol Greenberg, District Attorney (Dennis M. Acton of counsel), for respondent.

SWEENEY, J. P., and KANE, J., concur with HERLIHY, J.; MAHONEY and LARKIN, JJ., dissent and vote to affirm in an opinion by LARKIN, J.

HERLIHY, J.

The issue in this case is whether or not the defendant was denied his constitutional and statutory rights to a speedy trial as a result of the hiatus of approximately 41 months between the date of the indictment (July 29, 1971) and the date of trial (January 7, 1975).

On May 1, 1971 the defendant so operated a motor vehicle as to cause injury and death and for which he was arrested on that...

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