MEMORANDUM BY THE COURT. The delay of three and one-half months in pronouncing sentence was not within the rule "to be applied to extremely long and unreasonable delays only". ( People ex rel. Harty v. Fay ( 10 N.Y.2d 374, 379.) The court did not lose jurisdiction and no procedural objection under section 471 of the Code of Criminal Procedure was raised. ( Matter of Hogan v. Bohan, 305 N.Y. 110, 112; People ex rel. Battista v. Christian, 249 N.Y. 314; People ex rel. Marchese v. La Vallee, 23 A.D.2d 537; People v. Persico, 45 Misc.2d 421; People v. Warrelman, 42 Misc.2d 783. ) Judgment affirmed, without costs. Gibson, P.J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.
N.Y. App. Div.
(May 24, 1965)
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23 A.D.2d 936
Case Information
THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM ACCURSO, Appellant, v. DANIEL McMANN, as Warden of Clinton Prison, Respondent.
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