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PEOPLE v. JOHNSON

No. 224 SSM 36.

28 N.Y.3d 1048 (2016)

65 N.E.3d 1281

43 N.Y.S.3d 245

2016 NY Slip Op 07708

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLINTON JOHNSON, Appellant.

Court of Appeals of New York.

Decided November 17, 2016.

Attorney(s) appearing for the Case

Philip Rothschild, Hiscock Legal Aid Society, Syracuse (Evan Hannay of counsel), for appellant.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly 4½ year delay between the crime and the indictment "did not deprive defendant of his due process right to prompt prosecution" (People v Velez, 22 N.Y.3d 970, 972 [2013]). This is not a circumstance where "a lengthy and unjustifiable delay in commencing the prosecution...

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