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PEOPLE v. BRAXTON

176 A.D.2d 811 (1991)

The People of the State of New York, Respondent, v. Jerry Braxton, Appellant

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

October 15, 1991

Ordered that the judgment is affirmed.

The defendant's claim that preindictment delay denied him due process of law is without merit. After a hearing, the court determined that the delay of nine months between the act which formed the basis for the charge and the indictment was reasonable, and that the defendant had failed to demonstrate that he was prejudiced by the delay. We agree. The severity of the offense and the lack...

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