People v. Lincoln

Summary

The New York Appellate Division, Second Department, affirmed Abraham J. Lincoln’s convictions for two counts of criminal contempt in the second degree. The court held that the approximately nine-month delay before arrest did not violate due process and that the People’s certificate of compliance and statement of readiness satisfied the statutory speedy-trial requirements under CPL 30.30(1)(a).

Holdings

1. The approximately nine-month delay did not violate due process because the People established good cause, including the defendant's evasion of law enforcement, and the delay was outweighed by the nature of the crimes and the absence of identified prejudice.
2. The County Court properly denied the defendant's statutory speedy-trial dismissal motion because the People established that their November 2022 certificate of compliance was proper and their statement of readiness was not illusory.
3. The defendant's contention concerning the timeliness of the People's opposition was not properly before the Appellate Division.

Questions Presented

1. Whether the approximately nine-month delay between the commission of the crimes and the defendant's arrest violated the defendant's state constitutional due-process right to prompt prosecution.
2. Whether the indictment should have been dismissed under CPL 30.30(1)(a) because the People violated the defendant's statutory right to a speedy trial.
3. Whether the People's November 2022 certificate of compliance and statement of readiness were proper or illusory.
4. Whether the defendant's challenge to the timeliness of the People's opposition to his dismissal motion was properly before the Appellate Division.

Disposition

affirmed