Majority
p. 936The People of the State of New York ex rel. William Accurso, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent.
Memorandum by the Court. The delay of three and one-half months in pronouncing sentence was not within the rule “to be applied to extremely long and unreasonable delays only ”. (People ex rel. Party v. Fay ( 10 N Y 2d 374 , 379.) The court did not lose jurisdiction and no procedural objection under section 471 of the Code of Criminal Procedure was raised. (Matter of Hogan V. Bohan, 305 N. Y. 110 ,112; People ex rel. Battista v. Christian, 249 N. Y. 334 ;
p. 937
People ex reí. Márchese v. La Vaillee, 23 A D 2d 537 ; People v. Pérsico, 45 Mise 2d 421; People v. Warrelman, 42 Mise 2d 783.) Judgment affirmed, without costs. Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur.
Cases cited
- People ex rel. Harty v. Fay 10 N Y 2d 374 at 379 p. 936
- Hogan v. Bohan 305 N. Y. 110 at 112 p. 936