The People v. Andrew J. Regan

Summary

The court held that the more than four-year delay before indictment violated the defendant's state constitutional right to prompt prosecution because the People left at least 31 months substantially unexplained, despite knowing early that defendant's DNA was necessary and having a simple procedure available to obtain it. Applying the prompt-prosecution factors, the court concluded that the lengthy unexplained delay and inadequate justification outweighed the seriousness of the charge and the absence of demonstrated special prejudice. The court reversed and dismissed the indictment.