PEOPLE v. McNEILL


204 A.D.2d 975 (1994)

613 N.Y.S.2d 302

The People of the State of New York, Respondent, v. Lisa McNeill, Appellant

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

May 27, 1994


Judgment unanimously affirmed.

Memorandum:

We reject the contention that defendant was deprived of due process because of the prosecutor's pre-indictment delay. The record does not indicate that the People delayed the prosecution to gain a tactical advantage, and there is no showing that defendant was prejudiced thereby. Although we recognize that unjustifiable delay in commencing a prosecution may require dismissal even where no actual prejudice to defendant...

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