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17-YEAR DELAY ADEQUATELY EXPLAINED, SPEEDY TRIAL RIGHT NOT VIOLATED.

The Third Department determined a 17-year delay between the act a defendant’s indictment did not violate his right to a speedy trial. Several years of the delay were attributed to the ability to test DNA without destroying it (not available at the time of the offense, 1994). In addition, a witness came forward in 2011. The court explained the applicable law:

“In determining whether there is an undue delay, the trial court must consider ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay'” … . Where, as here, the delay is extraordinary, “close scrutiny of the other factors, especially the question of why the delay occurred,” is required … .

The People introduced evidence indicating that DNA technology in 1994 would have required the destruction of the two samples of biological material that had been collected. Further evidence established that technology at the time that the samples were tested — in 2004 and 2011 — did not require such destruction. In addition to this physical evidence becoming probative, a witness came forward in May 2011 implicating defendant in the murder. Such evidence demonstrated a good faith basis for the delay in proceeding with the prosecution … .

Turning to the remaining factors, the charge of murder in the second degree is “inarguably a very serious offense” … . Further, defendant was never incarcerated during the 17-year delay … . In addition, defendant’s generic claim that witnesses may have moved and that their recall of events is no longer as strong as it once was is too speculative to carry significant weight in the analysis … . Although defendant faced a substantial delay, upon considering these factors, we find that his constitutional right to a speedy trial was not violated … . People v Chaplin, 2015 NY Slip Op 08869, 2nd Dept 12-2-15

CRIMINAL LAW (SPEEDY TRIAL, 17-YEAR DELAY)/SPEEDY TRIAL (17-YEAR DELAY)

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SEVEN-YEAR DELAY BETWEEN ARREST AND INDICTMENT DID NOT VIOLATE RIGHT TO SPEEDY... PRIMA FACIE CASE OF NEGLECT REBUTTED BY MOTHER’S EXPERT.