This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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No. 224 SSM 36
The People &c.,
            Respondent,
        v.
Clinton Johnson,
            Appellant.




          Submitted by Evan Hannay, for appellant.
          Submitted by James P. Maxwell, for respondent.




MEMORANDUM:
          The order of the Appellate Division should be affirmed.
There is record support for the conclusion that the nearly four
and one-half year delay between the crime and the indictment "did
not deprive defendant of his due process right to prompt
prosecution" (People v Velez, 22 NY3d 970, 972 [2013]).    This is

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not a circumstance where "a lengthy and unjustifiable delay in
commencing the prosecution [ ] require[s] dismissal even though
no actual prejudice to the defendant is shown" (People v Singer,
44 NY2d 241, 253-254 [1978]).
*   *   *   *   *   *   *   *    *      *   *   *   *   *   *   *   *
On review of submissions pursuant to section 500.11 of the Rules,
order affirmed, in a memorandum. Chief Judge DiFiore and Judges
Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided November 17, 2016




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