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PEOPLE v. WOMACK

63 A.D.2d 723 (1978)

The People of the State of New York, Respondent, v. Andrew Womack, Appellant

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

May 22, 1978

Judgment reversed, on the law, motion granted, and indictment dismissed.

The District Attorney, with commendable candor, concedes that in "good faith" he is compelled to "consent to the reversal of appellant's conviction and dismissal of the indictment" since he has no explanation or justification for the protracted delay. We agree that the delay of some 41 months between arraignment and indictment denied defendant his right...

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