PEOPLE v. RODRIGUEZ


281 A.D.2d 375 (2001)

723 N.Y.S.2d 159

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO RODRIGUEZ, Also Known as MIGUEL FIGUEROA, Appellant.

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

Decided March 29, 2001.


Defendant's motion to dismiss the indictment based on pre-indictment delay was properly denied (see, People v Singer, 44 N.Y.2d 241, 252-255; People v Taranovich, 37 N.Y.2d 442, 445-446). There has been no showing that any of the approximately 7½-year delay in commencement of the prosecution was designed to gain a tactical advantage. On the contrary, the delay resulted from a combination...

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