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PEOPLE v. THIGPEN

Ind. No. 39/16. Appeal No. 15113. Case No. 2019-3114.

201 A.D.3d 551 (2022)

157 N.Y.S.3d 384

2022 NY Slip Op 00358

The People of the State of New York, Respondent, v. Clarence Thigpen, Appellant.

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

Decided January 20, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( David Bernstein of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Reva Grace Phillips of counsel), for respondent.

Concur—Kapnick, J.P., Singh, Moulton, Shulman, Higgitt, JJ.

The court properly denied defendant's motion to dismiss the indictment based on prearrest delay (see People v Singer, 44 N.Y.2d 241 [1978]; People v Taranovich, 37 N.Y.2d 442, 445 [1975]). The record supports the court's findings regarding the applicable factors (see id.). The People sufficiently explained that the three-year delay resulted in part from their inability to locate defendant...

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