People v Johnson

People v Johnson 2016 NY Slip Op 07708 Decided on November 17, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2016
No. 224 SSM 36

[*1]The People & c., Respondent,

v

Clinton Johnson, Appellant.

Submitted by Evan Hannay, for appellant.

Submitted by James P. Maxwell, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly four and one-half year delay between the crime and the indictment "did not deprive defendant of his due process right to prompt prosecution" (People v [*2]Velez, 22 NY3d 970, 972 [2013]). This is not a circumstance where "a lengthy and unjustifiable delay in commencing the prosecution [ ] require[s] dismissal even though no actual prejudice to the defendant is shown" (People v Singer, 44 NY2d 241, 253-254 [1978]).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided November 17, 2016