A New York Criminal Lawyer said that, this is a motion by the defendant, to dismiss the indictment for want of prosecution, pursuant to Section 668 of the Code of Criminal Procedure. The record indicates that the defendant was indicted in Nassau County, New York, on the 17th day of February, 1959 for the crimes of Robbery, in the First Degree; Grand Larceny, First Degree (two (2) counts); Grand Larceny, in the Second Degree; and Assault, in the Second Degree; all of which acts were allegedly committed by the defendant in concert with three (3) others on or about December 31st, 1958.
A Nassau Criminal Lawyer said that, the defendant’s affidavit in support of this motion indicates that, on or about January 2nd, 1959, he was arrested in Pittsboro, North Carolina, on a charge of Robbery. In the Spring of 1959, the defendant, convicted of Robbery in North Carolina, after which a prison term of not more than twelve (12) years, but not less than nine (9) years was imposed upon him. The defendant, remained in Caledonia Prison Farm, Halifax, North Carolina, until extradited to Nassau County in the latter part of March, 1965 and he was arraigned upon the instant indictment on April 1st, 1965. Nassau County authorities lodged a detainer warrant for the arrest of the defendant on the instant charges at the Caledonia Prison Farm in January, 1959, but did not attempt to return Singleton for trial until March, 1965-a period of more than six (6) years. The defendant alleges that during his incarceration in North Carolina, he was at all times able and willing to stand trial and that he did not waive his right to a speedy trial by any action on his part. Moreover, the defendant alleges that he made efforts to be returned to this State for trial. For example, he claims that in either 1962 or 1963, he wrote to former Governor Sanford of North Carolina asking to be returned to New York State for trial. Thereafter, Governor Sanford replied that North Carolina would be willing to release the defendant because of his good prison record, but added that such a step could not be taken without a formal request from the State of New York. Subsequently, the defendant wrote to the Governor of New York State asking to be returned to Nassau County for trial, and he was thereafter informed by the Governor’s Office that the request had been forwarded to the Nassau County District Attorney’s Office.
A New York Criminal Lawyer said the defendant further alleges that he wrote four (4) or five (5) letters to the Nassau County District Attorney’s Office requesting a trial, but he was informed by that office that he would have to wait until his release from prison in North Carolina to be returned for trial because the State of North Carolina was not a signatory to the Agreement on Detainers. On this subject, it might be noted that the defendant has not supported his claims respecting the request he made for a speedy trial by any type of documentation.