38 N.Y.2d 123 (1975)
When a defendant is incarcerated in another state, the prosecution must make diligent efforts to secure the defendant’s presence for trial in New York; failure to do so may violate the defendant’s right to a speedy trial.
Summary
McLaurin pleaded guilty to attempted robbery. He appealed, arguing a violation of his speedy trial rights due to a delay caused by his incarceration in New Jersey. The New York Court of Appeals found the record insufficient to determine if the delay was justified, specifically whether the prosecution knew of McLaurin’s out-of-state incarceration and made diligent efforts to secure his return for trial. The court emphasized the prosecution’s duty to demonstrate “good cause” for the delay and remanded for a hearing to establish these facts. The case highlights the importance of prosecutorial diligence when a defendant is incarcerated in another jurisdiction.
Facts
McLaurin was indicted in Bronx County, New York, on September 30, 1968, for robbery, grand larceny, and weapon possession. He was released on bail but arrested in New Jersey on December 13, 1968, on charges of kidnapping, rape, and narcotics offenses. He was convicted in New Jersey and sentenced to five to seven years. New York authorities filed a detainer. McLaurin remained in New Jersey custody until June 25, 1972, when he was returned to New York.
Procedural History
On October 17, 1972, McLaurin moved to dismiss the New York indictment, alleging denial of a speedy trial. The Supreme Court, Bronx County, conditionally granted the motion, ordering dismissal if trial did not commence by January 15, 1973. McLaurin then pleaded guilty to attempted robbery. The Appellate Division affirmed the judgment. McLaurin appealed to the New York Court of Appeals.
Issue(s)
Whether the delay in bringing McLaurin to trial in New York, due to his incarceration in New Jersey, violated his right to a speedy trial.
Holding
No, the Court could not determine if McLaurin’s speedy trial rights were violated because the record was incomplete as to whether the prosecution knew of McLaurin’s incarceration in New Jersey and whether they made diligent efforts to obtain his presence for trial; therefore, the case was remitted to the lower court for further proceedings.
Court’s Reasoning
The Court of Appeals stated the established principle that delay due to incarceration in another jurisdiction is not automatically justified if the prosecution knows of the detention but fails to diligently seek the defendant’s presence for trial. The prosecution must demonstrate “good cause” for the delay. The Court emphasized that knowledge of the defendant’s whereabouts by law enforcement is crucial and is imputed to the District Attorney’s office. The Court found the record insufficient because there was no hearing on the original motion to dismiss, McLaurin pleaded guilty, and the prosecutor was prevented from introducing evidence about when they learned of McLaurin’s New Jersey incarceration. The court noted, “A defendant ought not be penalized because of any inadequacy of internal communication within the law enforcement establishment.” The case was remanded to determine whether the prosecutor was unaware of McLaurin’s incarceration and could not, with due diligence, have discovered his whereabouts. The Court noted that documentary evidence relating to the issue of the prosecutor’s knowledge of defendant’s imprisonment in New Jersey should be presented. The court cited CPL 30.30 (subd 4, pars [c], [e]), regarding the tolling of time periods due to the absence or unavailability of the defendant or detention in another jurisdiction, although it acknowledged this statute was not directly controlling as the indictment predated the law’s enactment.