What is the test for a speedy trial in a criminal case?

"New York", United States of America

The following excerpt is from Malik O., Matter of, 158 Misc.2d 272, 598 N.Y.S.2d 688 (N.Y. Fam. Ct. 1993):

The speedy trial guaranteed by statute and the Federal Constitution serves three primary purposes: "It protects the accused, if held in jail to await trial, against prolonged imprisonment; it relieves him of the anxiety and public suspicion attendant upon an untried accusation of crime; and finally, like statutes of limitation, it prevents him from being 'exposed to the hazard of a trial, after so great a lapse of time' that 'the means of proving his innocense may not be within his reach'--as for instance, by the loss of witnesses or the dulling of the memory" (People v. Prosser, 309 N.Y. 353, 356 [130 N.E.2d 891]; see also, United States v. Marion, 404 U.S. 307, 320 [92 S.Ct. 455, 463, 30 L.Ed.2d 468]. But the guarantee also serves a broader, more public, purpose for society too has an interest in seeing that those accused of crimes are swiftly brought to justice (Barker v. Wingo, 407 U.S. 514 [92 S.Ct. 2182, 33 L.Ed.2d 101] ...).

Id. 38 N.Y.2d at 275-276, 379 N.Y.S.2d 735, 342 N.E.2d 525.

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