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PEOPLE v. GUZMAN

163 Misc.2d 237 (1994)

620 N.Y.S.2d 227

The People of the State of New York, Plaintiff, v. Ernani Guzman, Defendant.

Supreme Court, New York County.

November 14, 1994

Attorney(s) appearing for the Case

Peluso & Touger, New York City (David Touger of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Kerry J. O'Connell of counsel), for plaintiff.

RENA K. UVILLER, J.

Defendant has been indicted for the crime of first degree rape which allegedly occurred on May 12, 1990. He was not arrested until four years and one month later, on June 3, 1994. The felony complaint was filed the next day, an indictment was returned on June 15, 1994, and the People were ready for trial shortly thereafter.

Defendant claims that the 49-month delay between the crime...

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