PEOPLE v. BUTLER


136 A.D.2d 718 (1988)

The People of the State of New York, Respondent, v. Farley Butler, Appellant

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

January 25, 1988


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's claim that the approximately 28-month hiatus between his commission of the instant offenses and his arrest violated his right to due process and requires dismissal of the indictment. The uncontroverted hearing testimony demonstrates that neither the complainant nor the three eyewitnesses to the crime was willing to participate in its investigation by the police, and all failed to comply with...

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