PEOPLE v. PHAN


208 A.D.2d 659 (1994)

617 N.Y.S.2d 480

The People of the State of New York, Respondent, v. Tinh Phan, Appellant

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

October 11, 1994


Ordered that the judgment is affirmed.

After considering the extent of the delay, the reasons for the delay, the nature of the underlying charge, whether or not there was an extended period of pretrial incarceration, and whether the delay actually prejudiced the defendant, we agree with the Supreme Court's determination that the delay between the defendant's arrest and his motion to dismiss the indictment pursuant to CPL 30.20 did not deprive him of his constitutional...

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