PEOPLE v. COUSART


58 N.Y.2d 62 (1982)

The People of the State of New York, Respondent, v. Frank Cousart, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 1982.


Attorney(s) appearing for the Case

Abraham Werfel for appellant.

Thomas R. Sullivan, District Attorney (Anthony L. Galante and George E. McVay of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


JASEN, J.

On this appeal, we are asked to decide whether a delay of almost five years between defendant's conviction and the Appellate Division's decision reversing that conviction and ordering a new trial constitutes either a violation of the defendant's constitutional right to a speedy trial or his right to due process of the law.

Defendant was convicted, after a jury trial, of criminal sale of a controlled...

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