PEOPLE v. MILLER


61 A.D.2d 1036 (1978)

The People of the State of New York, Appellant, v. Rodney Miller, Also Known as Edward Rock, Respondent

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

March 20, 1978


Order reversed, on the law and the facts, and indictment reinstated.

We find here that the four- and one-half-year delay in bringing this matter on for trial was occasioned by defendant's absconding after his arraignment in the Criminal Court. The inference is inescapable, from his own admission, that he was living with his codefendant, who was held for the Grand Jury after a Criminal Court hearing which he avoided, and that he was aware of his indictment and avoided...

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