PEOPLE v. METELLUS

2012-11311, Ind. No. 4923/05.

157 A.D.3d 821 (2018)

69 N.Y.S.3d 713

2018 NY Slip Op 00312

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO METELLUS, Appellant.

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

Decided January 17, 2018.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court properly denied, without a hearing, the defendant's motion pursuant to CPL 210.20(1)(g) to dismiss the indictment on the ground that he was denied his right to a speedy trial and his due process right to prompt prosecution. A defendant's right to a speedy trial is guaranteed both by the United States Constitution (see

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