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PEOPLE v. BELIARD

1359.

67 A.D.3d 427 (2009)

888 N.Y.S.2d 814

2009 NY Slip Op 07942

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILKIN BELIARD, Appellant.

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

Decided November 5, 2009.

The court properly denied defendant's motion to dismiss the indictment based on preindictment delay (see People v Singer, 44 N.Y.2d 241 [1978]; People v Taranovich, 37 N.Y.2d 442, 445 [1975]). Although the five-year delay was significant, the crime was very serious, the absence of prejudice to defendant was demonstrated by his statements acknowledging...

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