PEOPLE v. ORTIZ


49 A.D.3d 279 (2008)

854 N.Y.S.2d 2

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN ORTIZ, Appellant.

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

Decided March 4, 2008.


The court properly denied defendant's motion to dismiss the indictment, which originally charged second-degree murder, made on the ground of preindictment delay. Defendant has not established any prejudice from the 11-year delay, which was caused by the fact that the police had no witnesses or suspects, and, despite good faith efforts, did not ascertain the identity of the perpetrator until after the advent of new fingerprint comparison technology (see United States v...

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