STATE v. AGUIRRE


287 N.J. Super. 128 (1996)

670 A.2d 583

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FERNANDO AGUIRRE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1996.


Attorney(s) appearing for the Case

Deborah T. Poritz, Attorney General, attorney for appellant (James E. Jones, Jr., Deputy Attorney General, of counsel and on the letter-brief).

Susan L. Reisner, Public Defender, attorney for respondent (Frank J. Howley, Designated Counsel, on the letter-brief).

Before Judges MICHELS, BAIME, and KIMMELMAN.


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

At issue in this appeal is whether the Law Division was correct in dismissing the indictment against defendant because of a twenty month delay between the commission of the crime and the initiation of the prosecution. We hold that defendant failed to establish actual prejudice and an illegitimate reason for delay. We thus reverse the Law Division's order and reinstate the indictment.

I.

After...

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