PEOPLE v. McDONALD

Ind. No. 503/11. Appeal No. 15253. Case No. 2019-1705.

203 A.D.3d 636 (2022)

165 N.Y.S.3d 66

2022 NY Slip Op 02099

The People of the State of New York, Respondent, v. Mark McDonald, Appellant.

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

Decided March 29, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( T. Charles Won of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.


The court should have granted defendant's motion to dismiss because he was deprived of his constitutional right to a speedy trial. The factors to be weighed in determining whether there has been a denial of that right are: "(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been...

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