Judge Peck
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DEFENDANT moved to dismiss the indictment charging him with burglary. At the crime scene certain tools were found that were never claimed by the store owner or his employees. The court noted defendant pleaded guilty under two separate non-related indictments to various felonies and received an agreed-upon sentence. The sentence was in full satisfaction of the crimes charged, and the court noted all parties at the time were aware defendant was a suspect in numerous uncharged commercial burglaries. The court noted it took seven months for the Nassau County police to bring the tools from the burglary at issue to the medical examiner, eight months for the State Police lab to confirm the results of the medical examiner and an additional eight months for defendant to be indicted by direct presentment. It concluded, as the state Court of Appeals set forth, “unreasonable delay in prosecuting a defendant constitutes a denial of due process of law.” Thus, no actual prejudice need be shown by defendant, yet the court said it was patently clear that the more than two-year delay in bringing the instant prosecution violated defendant’s due process rights and was without cause. As such, defendant’s motion to dismiss the within indictment was granted.
