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PEOPLE v. VERNACE

96 N.Y.2d 886 (2001)

756 N.E.2d 66

730 N.Y.S.2d 778

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT VERNACE, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 2001.

Attorney(s) appearing for the Case

Stillman & Friedman, P. C., New York City (Paul Shechtman and Nathaniel Z. Marmur of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Alyson J. Gill and John M. Castellano of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur; Judge LEVINE dissents and votes to reverse in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Appellate Division's determination that the People established good cause for the delay in prosecuting the defendant is a mixed question of law and fact for which there is support in the record. This case involves a 1981 vicious double murder in a Queens bar, for which no one has yet been prosecuted. Three individuals linked to organized crime were thought...

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