PEOPLE v. LEWIS


61 A.D.2d 799 (1978)

The People of the State of New York, Respondent, v. Alvin Lewis, Appellant

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

February 6, 1978


Case remanded to the County Court for a hearing and a new determination on defendant's motion to dismiss the indictment upon the ground there had been prejudicial delay, and appeal held in abeyance in the interim. The mere claim by the District Attorney that the delay was caused by unsuccessful efforts to locate the defendant furnished an insufficient basis to deny, without a hearing, the motion to dismiss the indictment upon the ground of prejudicial delay, as a potential...

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