People v. Jenkins
Cases that cite this one
15 later published cases cite this decision.
- People v. Tyson (Appellate Division of the Supreme Court of New York 2025)
- JOHNSON, CLINTON, PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2015)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2015)
- GRANGER, SHAWN G., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- MOUSTAKOS, CHRISTOPHER, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- State v. Moustakos (Appellate Division of the Supreme Court of New York 2012)
- People v. Granger (Appellate Division of the Supreme Court of New York 2012)
- People v. Granger (Appellate Division of the Supreme Court of New York 2012)
- PEREZ, JAMIE, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Perez (Appellate Division of the Supreme Court of New York 2011)
- People v. Kennedy (Appellate Division of the Supreme Court of New York 2010)
- People v. Robinson (Appellate Division of the Supreme Court of New York 2008)
- People v. Doyle (Appellate Division of the Supreme Court of New York 2008)
- People v. Zorzenon (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of Seneca County Court (Bender, J.), entered April 4, 2002, which granted defendant’s motion and dismissed the indictment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, the motion is denied, the indictment is reinstated and the matter is remitted to Seneca County Court for further proceedings on the indictment.
Memorandum: The People appeal pursuant to CPL 450.20 (1) from an order granting defendant’s motion and dismissing the indictment on the ground that defendant was deprived of due process by a six-month preindictment delay in prosecuting him on a charge of promoting prison contraband in the first degree (Penal Law § 205.25 [2]). Applying the factors identified in People v Taranovich (37 NY2d 442, 445 [1975]), we agree with the People that County Court erred in dismissing the indictment (see People v Vernace, 96 NY2d 886, 887 [2001]; People v Singer, 44 NY2d 241, 251-253 [1978]; People v Beyah, 302 AD2d 981 [2003], lv denied 99 NY2d 626 [2003]). Even assuming, arguendo, that the People failed to advance a justifiable excuse for the delay, we note that similar periods of delay have been found to be within constitutional limits (see People v Lesiuk, 81 NY2d 485, 490-491 [1993] [eight-month delay]; Beyah, 302 AD2d 981 [2003] [over 12 months]; People v Irvis, 301 AD2d 782, 784
Case-law data current through December 31, 2025. Source: CourtListener bulk data.