Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE EX REL. ACCURSO v. McMANN

Appellate Division of the Supreme Court of New York, Third Department.
May 24, 1965

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.