Summary
In People v. Wuckich (13 N.Y.2d 953), the court determined that the claim of defendant of undue delay between the filing of the indictment and his arraignment did not constitute good cause.
Summary of this case from People v. ChambersOpinion
Argued September 30, 1963
Decided October 31, 1963
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEO W. BREED, J.
John M. Freyer for appellant.
Joseph A. Ryan, District Attorney ( Michael R. Canestrano of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges DYE, FULD, VAN VOORHIS and SCILEPPI. Chief Judge DESMOND and Judges BURKE and FOSTER dissent and vote to withhold determination of appeal and to remit the case to the Onondaga County Court for a hearing to determine (1) the question of fact as to when the District Attorney first learned that defendant had returned to New York from Florida, and (2) whether there was sufficient cause for the delay in bringing defendant to trial in Onondaga County Court after the District Attorney learned of defendant's return to New York.