| People v Johnson |
| 2016 NY Slip Op 07708 [28 NY3d 1048] |
| November 17, 2016 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, January 4, 2017 |
| The People of the State of New York, Respondent, v Clinton Johnson, Appellant. |
Decided November 17, 2016
People v Johnson, 134 AD3d 1388, affirmed.
Philip Rothschild, Hiscock Legal Aid Society, Syracuse (Evan Hannay of counsel), for appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly 4½ year delay between the crime and the indictment "did not deprive defendant of his due process right to prompt prosecution" (People v [*2]Velez, 22 NY3d 970, 972 [2013]). This is not a circumstance where "a lengthy and unjustifiable delay in commencing the prosecution . . . require[s] dismissal even though no actual prejudice to the defendant is shown" (People v Singer, 44 NY2d 241, 253-254 [1978]).
Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.{**28 NY3d at 1049}
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.