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PEOPLE STATE NEW YORK v. JACKIE FLUDD (07/01/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.42397 <http://www.versuslaw.com>; 293 N.Y.S.2d 703; 30 A.D.2d 814 July 1, 1968 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.JACKIE FLUDD, APPELLANT Appeal by defendant from a judgment of the County Court, Nassau County, rendered October 16, 1967, convicting him of a violation section 43 of the of Penal Law, on his guilty plea, and suspending sentence. Rabin, Benjamin, Munder and Martuscello, JJ., concur; Beldock, P. J., concurs in the result.


Appeal by defendant from a judgment of the County Court, Nassau County, rendered October 16, 1967, convicting him of a violation section 43 of the of Penal Law, on his guilty plea, and suspending sentence.

Rabin, Benjamin, Munder and Martuscello, JJ., concur; Beldock, P. J., concurs in the result.

In our opinion, defendant's motion to dismiss the indictment for delay in prosecution, made before his plea of guilty, should have been granted (People v. Winfrey, 20 N.Y.2d 138; People v. Masselli, 11 A.D.2d 722).

Disposition

 Judgment reversed, on the law and the facts, and indictment dismissed pursuant to section 668 of the Code of Criminal Procedure.

Beldock, P. J., concurs in the result, with the following memorandum:

Although I adhere to the views expressed in my dissenting memorandum in People v. Sylvester (29 A.D.2d 985), nevertheless, I am constrained to concur by reason of the decision in that case.

19680701

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