New York Court of Appeals
The People of the State of New York v. Thomas Johnson
December 4, 197538 N.Y.2d 271
Summary
The New York Court of Appeals held that the defendant's 18‑month pre‑trial delay violated his statutory and constitutional right to a speedy trial, and therefore reversed the Appellate Division, dismissed the murder indictment, and set aside the defendant's plea to manslaughter. The Court applied the five‑factor test from People v. Taranovich and found the delay, its cause, the defendant's incarceration, and the loss of a witness to constitute a violation. Justice Jasen dissented, arguing that the delay was attributable in part to the defendant and that the prejudice claim was insufficient to warrant dismissal.