PEOPLE EX REL. LEWIS v. McMANN, 28 N.Y.2d 496 (1971)

318 N.Y.S.2d 942, 267 N.E.2d 586

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ALFRED LEWIS, Appellant, v. DANIEL McMANN, as Warden of Clinton Prison, Respondent.

Court of Appeals of the State of New York.Argued December 7, 1970
Decided January 6, 1971

Page 497

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD R. SODEN, J.

Robert G. Leyden for appellant.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh
and Ruth Kessler Toch of counsel), for respondent.

MEMORANDUM. We agree with the courts below that the relator has not been deprived of his constitutional right to a speedy trial since the delay of seven and one-half months between the indictment and trial was largely caused by relator’s multiple motions and delaying tactics. The record discloses that between the time of his indictment and trial, he appeared in court no less than 19 times on various motions and applications. Furthermore, trial was delayed by reason of the discharge by the relator of two assigned counsel, as well as counsel retained by his family.

Under the circumstances, the petition for habeas corpus was properly denied since the relator by his own conduct and actions caused the delay of his trial. (Matter of Blake v. Hogan, 25 N.Y.2d 747.)

Page 498

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur; Judge GIBSON taking no part.

Order affirmed, without costs, in a memorandum.