People v Johnson, 28 NY3d 1048 (2016)

2016 NY Slip Op 07708 [28 NY3d 1048]
November 17, 2016
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Clinton Johnson, Appellant.

Decided November 17, 2016

People v Johnson, 134 AD3d 1388, affirmed.

{**28 NY3d at 1048} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. There is record support for the conclusion that the nearly 4� year delay between the crime and the indictment “did not deprive defendant of his due process right to prompt prosecution” (People v [*2]Velez, 22 NY3d 970, 972 [2013]). This is not a circumstance where “a lengthy and unjustifiable delay in commencing the prosecution . . . require[s] dismissal even though no actual prejudice to the defendant is shown” (People v Singer, 44 NY2d 241, 253-254 [1978]).

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.{**28 NY3d at 1049}

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.