Appellate Division of the Supreme Court of the State of New York December 21, 2001 (People v. Wheeler)

Judgment unanimously reversed on the law, motion granted, indictment dismissed and matter remitted to Steuben County Court for proceedings pursuant to CPL 470.45. Memorandum: County Court erred in denying the motion of defendant seeking dismissal of the indictment on the ground that preindictment delay deprived him of his due process right to a prompt prosecution.