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PEOPLE v. NAZARIO

5379, 366/02, 2281.

85 A.D.3d 577 (2011)

926 N.Y.S.2d 433

2011 NY Slip Op 5350

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

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

Decided June 21, 2011.

The hearing court properly denied defendant's motion to dismiss the indictment on the ground of prearrest delay (see People v Singer, 44 N.Y.2d 241 [1978]; People v Taranovich, 37 N.Y.2d 442, 445 [1975]; see also United States v Lovasco, 431 U.S. 783 [1977]). Although the almost 12-year delay was significant, it was not due to bad faith. Instead, it...

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