PEOPLE v. SCOTT


54 A.D.2d 939 (1976)

The People of the State of New York, Respondent, v. Harold Scott, Appellant

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

November 8, 1976


Case remanded to the Supreme Court, Kings County, for a hearing to determine whether the 11-month delay between indictment and defendant's first motion to dismiss the indictment was occasioned by the District Attorney. Appeal held in abeyance in the interim. Where there has been a delay of over 11 months between the indictment and postindictment prosecution, a mere claim that the People made a good faith effort to locate the defendant is insufficient. A hearing must be held...

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