New York Court of Appeals
The People of the State of New York v. Sebie Winfrey
June 1, 196720 N.Y.2d 138
Summary
The New York Court of Appeals held that the four‑and‑a‑half‑year delay in prosecuting the defendant after the initiation of criminal proceedings, without any good cause, violated his due process rights and warranted dismissal of the indictment. The Court found that sections 667 and 668 of the Code of Criminal Procedure did not apply to the post‑indictment delay at issue. The Appellate Division's reversal of the dismissal was reversed and the motion to dismiss was granted. Justice Bergan and Justice Keating dissented, arguing that the delay did not merit dismissal.