PEOPLE v. ALLEN


13 A.D.3d 639 (2004)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENZEL ALLEN, Appellant.

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

December 27, 2004.


Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

After the defendant moved, inter alia, to dismiss the indictment on the ground that the 57-month pre-indictment delay between the defendant's alleged sale of narcotics to an undercover police officer and the defendant's arrest was excessive, the...

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