12 N.Y.3d 54 (2008)
A lengthy post-indictment delay, caused by the prosecution’s decision to defer to a foreign prosecution and failure to seek extradition, can violate a defendant’s constitutional right to a speedy trial.
Summary
Romeo was indicted in New York for murder in 1987. He fled to Canada and killed a police officer there. Instead of seeking Romeo’s extradition on the New York murder charge, the prosecution deferred to Canadian authorities. Romeo was convicted in Canada and imprisoned. Twelve years after the indictment, Romeo moved to dismiss the New York indictment on speedy trial grounds. He was eventually brought back to New York, convicted of manslaughter, and appealed, arguing a violation of his speedy trial rights. The New York Court of Appeals affirmed the appellate court’s decision to dismiss the indictment, holding that the prosecution’s delay in pursuing the case violated Romeo’s constitutional right to a speedy trial, based on the five factor test from People v. Taranovich.
Facts
In November 1985, a fatal shooting occurred in Suffolk County, New York. A gun belonging to Romeo was identified as the murder weapon. In February 1987, Romeo was ordered to provide a DNA sample. Before providing the sample, Romeo fled to Canada. In Canada, he killed a police officer. He was apprehended and held on a Canadian warrant. Suffolk County authorities obtained hair and blood samples from Romeo, which matched evidence from the New York crime scene.
Procedural History
Romeo was indicted in Suffolk County, NY in March 1987. He demanded a speedy trial. The Suffolk County Court denied Romeo’s application to be produced for arraignment before extradition to Canada, suggesting any delay could be addressed later. Romeo was extradited to Canada, convicted, and sentenced. In 1999, Romeo moved to dismiss the NY indictment based on speedy trial grounds; this was denied. In 2005, he was brought back to Suffolk County. He pleaded guilty to manslaughter and appealed, arguing a violation of his right to a speedy trial. The Appellate Division reversed and dismissed the indictment. The Court of Appeals affirmed the Appellate Division’s decision.
Issue(s)
Whether the People’s lengthy postindictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant’s constitutional right to a speedy trial.
Holding
Yes, because the People’s decision to defer to the Canadian prosecution, coupled with their failure to make a good-faith effort to extradite Romeo, resulted in an excessive delay that prejudiced Romeo’s ability to defend himself.
Court’s Reasoning
The Court applied the five-factor balancing test from People v. Taranovich to determine if Romeo’s speedy trial rights were violated: (1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charges; (4) any extended period of pretrial incarceration; and (5) any impairment of defendant’s defense. The Court found the 12-year delay between indictment and the speedy trial motion to be extraordinary. The primary reason for the delay was the People’s decision to defer to the Canadian prosecution and their failure to seek extradition. The Court noted that while the underlying charge of murder was serious, it didn’t excuse the delay. While Romeo was incarcerated, it was due to the Canadian charges. However, the Court found it highly likely that the delay impaired Romeo’s ability to defend himself, especially given his incarceration in a foreign prison. The Court emphasized that the People had been warned that deferring prosecution could cause a speedy trial violation. The Court distinguished this case from others where extradition would clearly be futile, stating, “The fact that a defendant is incarcerated outside of the state makes it incumbent upon the People to make diligent, good faith efforts to secure his presence in the state for arraignment and trial.” Because the People failed to make such efforts, Romeo’s speedy trial rights were violated.