PEOPLE v. ANDINE


214 A.D.2d 373 (1995)

624 N.Y.S.2d 594

The People of the State of New York, Respondent, v. Paul Andine, Also Known as Scootermore, Also Known as Prince Smith, Appellant

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

April 13, 1995


The only issue on appeal is whether a pre-indictment delay of four years and seven months in locating defendant, known to the victim, described to the police and identified by her in a photograph, deprived defendant of his due process right to a prompt prosecution and requires dismissal of the indictment. The indictment arises out of an August 25, 1986 incident in which defendant, in the vicinity of 219 Edgecombe Avenue, allegedly struck Kim Oates in the eye with a bottle...

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