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PEOPLE v. VELEZ

No. 198

22 N.Y.3d 970 (2013)

1 N.E.3d 790

978 N.Y.S.2d 716

2013 NY Slip Op 7656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO VELEZ, Appellant.

Court of Appeals of New York.

Decided November 19, 2013.

Attorney(s) appearing for the Case

Mark Diamond , New York City, for appellant.

Janet DiFiore, District Attorney, White Plains ( Steven A. Bender and Richard Longworth Hecht of counsel), for respondent.

Order affirmed, in a memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was indicted in May 2007, for a burglary that occurred in October 2003. He sought dismissal of the indictment based on the 43-month pre-accusatory delay. The People attributed this delay to two circumstances. First, there was a delay of some 14 months owing to the fact that the police department lacked a latent fingerprint examiner to match the prints...

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