Daily Record Staff//May 8, 2026//
New York State Court of Appeals
Delay in prosecution — No justification — Jury note
No. 31
Judge Rivera
Background: The defendant was charged with murder and criminal weapon possession charges. Three juries deadlocked and failed to convict the defendant. The prosecution delayed more than three years before proceeding with the fourth trial.
Ruling: The Court of Appeals reversed. The court held that the prosecution failed to justify the final and lengthy delay, instead offering vague and unsubstantiated claims that the time was needed to assess whether to dismiss the charges or try the case again. The court further held that reversal was not warranted on drug related charges based on the trial court’s failure to provide the defendant notice of two jury notes because the following day, the jury sent another note requesting the same testimony from the same witnesses as the day before and the defense read the note and participated in choosing the testimony read back.
Matthew Bova for the appellant; Christian Rose for the respondent.