Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALFRED LEWIS, Appellant, v. DANIEL McMANN, as Warden of Clinton Prison, Respondent.

MEMORANDUM. We agree with the courts below that the relator has not been deprived of his constitutional right to a speedy trial since the delay of seven and one-half months between the indictment and trial was largely caused by relator's multiple motions and delaying tactics. The record discloses that between the time of his indictment and trial, he appeared in court no less than 19 times on various motions and applications. Furthermore, trial was delayed by reason of the discharge by the relator of two assigned counsel, as well as counsel retained by his family.

Under the circumstances, the petition for habeas corpus was properly denied since the relator by his own conduct and actions caused the delay of his trial. ( Matter of Blake v. Hogan, 25 N.Y.2d 747.)

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Judge GIBSON taking no part.

Order affirmed, without costs, in a memorandum.

Use AI to get other relevant cases.

Comments

PEOPLE EX REL. LEWIS v. McMANN
(Jan 6, 1971)