PEOPLE v. JEMERSON


215 A.D.2d 692 (1995)

628 N.Y.S.2d 299

The People of the State of New York, Respondent, v. Robert Jemerson, Appellant

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

May 22, 1995


Ordered that the judgment is affirmed.

The defendant contends that the 18-month pre-indictment delay violated his due process rights under the State Constitution (see, NY Const, art I, § 6). We disagree. Due process requires prompt prosecution of the accused. In determining whether a defendant has been denied due process as a result of a pre-indictment delay, the following four-part test is to be applied: (1...

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