STATE v. GARONIAK


164 N.J. Super. 344 (1978)

396 A.2d 360

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN GARONIAK, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1978.


Attorney(s) appearing for the Case

Mr. John V. Burns argued the cause for appellant (Mr. John H. Stockel, attorney).

Ms. Miriam K. Brody, Deputy Attorney General, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey; Mr. Robert A. Jacobson, Deputy Attorney General, of counsel and on the brief).

Before Judges MATTHEWS and KOLE.


The opinion of the court was delivered by KOLE, J.A.D.

Defendant was indicted for various gambling offenses. He moved to dismiss the indictment on the ground that the 47-month delay between his arrest and indictment deprived him of his right to a speedy trial. His motion was denied. He did not seek leave to appeal that denial. Thereafter, as part of a plea bargain and with the assistance of counsel, he pleaded guilty to possession of lottery slips (N.J.S.A.

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