63 A.D.2d 972 | N.Y. App. Div. | 1978
Appeal by the People from an order of the Supreme Court, Kings County, entered June 23, 1977, which granted defendant’s motion to dismiss the indictment for failure to afford him a speedy trial. Order reversed, on the law and the facts, motion denied, and indictment reinstated. Criminal Term dismissed the indictment on the ground that defendant had been denied his right to a speedy trial. That finding was based upon the People’s failure to have established due and timely notification to defendant of his scheduled arraignment. Despite the testimony of the Supervising Clerk of the Clerk’s Office of the Kings County Grand Jury, and other personnel, as to due mailing, evidenced by notations appearing upon that office’s "action sheet”, Criminal Term, nevertheless, held that there was insufficient proof of due mailing. There was also testimony that although the mail had been sent to the defendant’s last known address, it had not been returned as "undelivered” by the post office. Undue importance was placed upon the transposition of the number of the building listed by the investigating detective as "303” Harmon Street rather than "330”, and upon the testimony by defendant’s wife that although she had been present in the apartment at all times, no one from the police department had visited the premises. The whereabouts of the defendant became known to the People only upon his arrest for other crimes some seven months after the
