83 A.D.2d 674 | N.Y. App. Div. | 1981
Appeal from a judgment of the County Court of Tompkins County (Dean, J.), rendered August 14, 1980, convicting defendant upon his plea of guilty of the crime of bail jumping in the first degree. In January of 1977, defendant failed to appear for trial and he was indicted on March 7,1977 by the Tompkins County Grand Jury on a charge of bail jumping in the first degree. In April of 1979 he was incarcerated in California on unrelated criminal charges. Defendant was returned to the jurisdiction of the County Court of Tompkins County on October 14,1979 and appeared for arraignment on October 17,1979 and December 21,1979. By motion papers dated February 13, 1980, defendant moved to dismiss the indictment for a denial of his constitutional and statutory rights to a speedy trial. Defendant’s motion papers were controverted by papers filed on behalf of the People and the County Court denied defendant’s motion. At the outset, it is noted that the delay in prosecution, from the date of the indictment returned on March 7, 1977 until the People learned that defendant was incarcerated in California, is
