(Download) "People v. Peter Rosado" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Peter Rosado
- Author : Supreme Court of New York
- Release Date : January 09, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
DECISION & ORDER At approximately 4:00 A.M. on April 9, 1984, a boarded-up bungalow on the beach at Far Rockaway in Queens,
was burned down. Investigators discovered human remains in the wreckage. A police investigation was begun immediately. The
defendant was identified as a suspect within three months of the incident but was not arrested until September 26, 1985. The
arrest occurred soon after a witness placed the defendant and others at the bungalow just prior to its becoming engulfed in
flames. In addition, the witness saw the defendant and the co-defendant Joseph Durant watching the fire and overheard the
appellant say to Durant, "I torture him good". The trial was not commenced until February 23, 1988. On appeal, the defendant
argues that he was prejudiced by the preindictment and post-indictment delay. New York has never draw a fine distinction between the assessment of due process claims based upon preindictment delay and
the constitutional speedy trial standard applicable to post-indictment delay (see, People v Singer, 44 N.Y.2d 241, 252-253).
Both involve the balancing of a number of factors including: (1) the length of the delay; (2) the reason for the delay; (3)
whether there is any indication that the delay impaired the defense; (4) the seriousness of the underlying offense; and, for
post-indictment delay, (5) whether there has been an extended period of pretrial incarceration (see, People v Dean, 45 N.Y.2d
651; People v Singer, supra; People v Taranovich, 37 N.Y.2d 442; People v Bonsauger, 91 A.D.2d 1001; People v Bryant, 65 A.D.2d
333). The evaluation is necessarily ad hoc (see, People v Taranovich, supra; People v Bryant, supra).