People v. Outterbridge

Judgment of the County Court, Suffolk County, rendered January 20, 1967, which convicted defendant of the sale of narcotic drugs and of possession of narcotic drugs as a felony, upon a jury verdict, and imposed sentence, affirmed. In our opinion, no reversible error was committed by the County Court. The one and one-half month delay from the time of the commission of the offense to defendant’s arrest did not constitute a deprivation of his rights (see, Hoffa v. United States, 385 U. S. 293 ; Daniels v. United States, 357 F. 2d 587 ). The record is devoid of evidence showing a purposeful or deliberate design for the delay (United States v. Wilson, 342 F. 2d 782 , cert. den. 382 U. S. 860 ). Under the circumstances presented herein, as no prejudice to defendant was established and the conduct of the police was reasonable, the delayed arrest is not a ground sufficient to warrant reversal (Fleming v. United States, 378 F. 2d 502 ; cf. Woody v. United States, 370 F. 2d 214 ). Beldock, P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.