The Factors Determining the Reasonableness of Delay Between Arraignment and Indictment
In People v. Blakley, 34 N.Y.2d 311, 357 N.Y.S.2d 459, 313 N.E.2d 763 (1974), the court considered four factors in determining the reasonableness of delay between arraignment and subsequent indictment.
The four factors were:
(1) the length of the delay;
(2) the reasons for the delay;
(3) the defendant's assertion of his right to a speedy trial;
(4) the degree of prejudice caused to the defendant.
Considering the factors in order the court rules as follows.
Calculating from the date of arrest until the date of potential readiness, the Court is faced with an overall delay of nineteen months.
At least since February 26, 2001 the defendant has not acquiesced in the delay.
Although the defendant has no prior criminal record, his licence to practice his trade as a cab driver has been suspended pending the outcome of this case.
He claims, without dispute, that the suspension severely hampers his ability to support his family.
He has denied the allegations in the Indictment against him and claims to be "emotionally devastated" by the pending charges.
Although this "prejudice" may not be prejudice in the traditional sense of some factor which adversely effects the truth determination process, it is still a valid consideration in determining what is a "reasonable" time to await a witness' availability under CPL 30.30 (3)(b).