Opinion
May 14, 1996
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
There is no showing that the four-year delay in indicting defendant was purposeful or resulted in any prejudice. However, the delay is not in any manner explained and it appears that defendant was readily available throughout this period and fully cooperated with the police investigation. This is a rare case where the length of and lack of justification for the delay are sufficient by themselves to warrant dismissal ( see, e.g., People v. Rodriguez, 205 A.D.2d 417, lv denied 84 N.Y.2d 872; see, People v. Singer, 44 N.Y.2d 241, 253-254).
Concur — Wallach, J.P., Ross, Williams and Mazzarelli, JJ.