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PEOPLE v. O'GARA

239 A.D.2d 215 (1997)

657 N.Y.S.2d 661

The People of the State of New York, Respondent, v. Joseph O'Gara, Appellant

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

May 15, 1997

Defendant's constitutional rights were not violated by the pre-indictment delay in this case because, as found by the motion court, there was no showing either that the delay was designed to gain a tactical advantage for the prosecution or that defendant suffered any actual prejudice (People v Jackson, 178 A.D.2d 305, lv denied 79 N.Y.2d 948). Here, the motion court further found that the police made diligent efforts to investigate...

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