Unreasonable Delay Between Trial and Verdict in New York

In People v. South, 41 NY2d 451, 454, 362 N.E.2d 246 (1977), the trial court conducted a four-hour trial of a defendant who was charged with assault in the third degree. It rendered its verdict 58 days later, finding defendant guilty. The Court of Appeals reversed and dismissed the information, finding the delay of 58 to be unreasonable as a matter of law. It found "no sufficient explanation or warrant for the long delay from the close of the four-hour trial during the evening of October 2, 1973 to the following November 29 when the verdict of guilty of rendered" (id.). It further noted that defendant did not consent to the delay and no theory of justification for the delay was advanced by the People. The court noted that there were factors to consider in determining whether the delay is reasonable. Some of those factors include, whether there were complicated issues of fact or law presented, whether any evidentiary questions remained unresolved, whether there were any posttrial submissions offered or sought, whether the court rendered an oral or written decision and whether there were administrative impediments to the trial court's rendering an earlier decision (id.).