Appellate Division of the Supreme Court of New York, 1965

People ex rel. Accurso v. McMann

People ex rel. Accurso v. McMann
Appellate Division of the Supreme Court of New York · Decided May 24, 1965
23 A.D.2d 936; 259 N.Y.S.2d 916; 1965 N.Y. App. Div. LEXIS 4094
People ex rel. Accurso v. McMann

Opinion of the Court

Memorandum by the Court. The delay of three and one-half months in pronouncing sentence was not within the rule “to be applied to extremely long and unreasonable delays only ”. (People ex rel. Party v. Fay (10 N Y 2d 374, 379.) The court did not lose jurisdiction and no procedural objection under section 471 of the Code of Criminal Procedure was raised. (Matter of Hogan V. Bohan, 305 N. Y. 110,112; People ex rel. Battista v. Christian, 249 N. Y. 334; *937People ex reí. Márchese v. La Vaillee, 23 A D 2d 537; People v. Pérsico, 45 Mise 2d 421; People v. Warrelman, 42 Mise 2d 783.) Judgment affirmed, without costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.

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