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Criminal Procedure

University of Nevada, Las Vegas -- William S. Boyd School of Law

1972

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Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley Jan 1972

Speedy Trial And The Congested Trial Calendar, Christopher L. Blakesley

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In People v. Ganci, the defendant had been indicted for robbery, larceny, and assault while serving a prison sentence for another conviction. Five and one-half months after his indictment he moved, pursuant to section 668 of the New York Code of Criminal Procedure, to dismiss for failure to prosecute. Eleven months later, sixteen months after the indictment, he was brought to trial, convicted, and sentenced. On appeal, the New York Supreme Court, Appellate Division, Second Judicial Department affirmed, whereupon the defendant appealed by permission to the New York Court of Appeals. On this appeal he contended that the delay deprived …