The following excerpt is from United States v. Booker, 363 F.2d 856 (2nd Cir. 1966):
No objection was made either before or during the trial which could be said to have raised the question of whether the delay between the sale of narcotics and the appellant's arrest denied him due process of law. Under the decisions of this court in D'Ercole v. United States, 361 F.2d 211 (2d Cir., May 19, 1966) and United States v. Torres, 343 F.2d 750, 752 (2d Cir., 1965), the lack of timely objection precludes our consideration of the claim. This is particularly true where, as here, defense counsel's awareness of this issue was manifested by his claim at the trial that the delay supported a reasonable doubt as to whether or not the sale of narcotics ever took place.
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