Defendant, Anthony Binn, moves to dismiss the charges contained in the above indictments on the ground that to permit further prosecution would violate the Interstate Agreement on Detainers. N.J.S.A. 2A:159A-1 et seq.
Indictment 1776-80, charging Binn with armed robbery, aggravated assault and related charges, was returned by the Grand Jury on September 15, 1981. The arraignment date was listed for October 2, 1981. Binn's whereabouts were unknown. The court directed that a warrant for his arrest issue based on the indictment. The usual teletype notifications were given.
Indictment 1191-81, charging Binn and two co-defendants with burglary, theft and conspiracy, was returned June 3, 1982. At that time it was known that Binn was jailed at Rikers Island in New York City. An arrest warrant issued as before with teletype notification.
Indictment 1320-81, charging Binn with armed robbery, was returned June 24, 1982. The Monmouth County Prosecutor knew that Binn was being held at Rikers Island. An arrest warrant issued as before with teletype notification.
On each of the indictments subsequent arraignment dates were scheduled but on each date it was noted on the record that the defendant was still in custody in New York and that detainers*fn1 had been filed with the New York Custodial authorities.
In the fall of 1982 Binn was tried in New York, convicted of homicide and sentenced to life imprisonment. On March 3, 1983 he was received at the Sing Sing Correctional Facility -- part of the New York State Department of Correctional Services. It is apparent that when received there he was advised of the outstanding New Jersey detainers. On March 30, 1983, pursuant to the Interstate Agreement on Detainers, he filed with the Sing Sing authorities his Notice of place of imprisonment and request to the Monmouth County Prosecutor that final disposition be made of the charges contained in the three indictments. That Notice and Request was forwarded to the Monmouth County Prosecutor and received April 8, 1983. See N.J.S.A. 2A:159A-3(a) and (b). The Monmouth County Prosecutor promptly, on April 12, 1983, responded to the Commissioner of the Department of Correctional Services and to the Superintendent of Sing Sing with the requisite form of acceptance of
temporary custody and specifically requested temporary custody for May 16, 1983 for trial to commence May 30, 1983. See N.J.S.A. 2A:159A-4 and 5.
In response dated April 25, 1983 and received April 27, 1983, the Monmouth County Prosecutor was advised by the Ossining Correctional Facility (Sing Sing) as follows: