| People v Johnson |
| 2016 NY Slip Op 07708 |
| Decided on November 17, 2016 |
| Court of Appeals |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 17, 2016
No. 224 SSM 36
v
Clinton Johnson, Appellant.
Submitted by Evan Hannay, for appellant.
Submitted by James P. Maxwell, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly four and one-half year delay between the crime and the indictment "did not deprive defendant of his due process right to prompt prosecution" (People v [*2]Velez, 22 NY3d 970, 972 [2013]). This is not a circumstance where "a lengthy and unjustifiable delay in commencing the prosecution [ ] require[s] dismissal even though no actual prejudice to the defendant is shown" (People v Singer, 44 NY2d 241, 253-254 [1978]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.
Decided November 17, 2016