Appellate Division of the Supreme Court of New York, 1958

People v. Hernandez

People v. Hernandez
Appellate Division of the Supreme Court of New York · Decided December 16, 1958
7 A.D.2d 724; 180 N.Y.S.2d 597; 1958 N.Y. App. Div. LEXIS 3845
People v. Hernandez

Opinion of the Court

Order dismissing the indictment under section 668 of the Code of Criminal Procedure unanimously reversed, the order on the motion to reconsider modified to reinstate the indictment, in each instance on *725the law and on the facts, the indictment reinstated, and the ease remitted to the County Court for trial. On the facts of this ease no prejudice to defendant was shown to have resulted from the six-month delay in bringing the proceeding to trial. While the original affidavit submitted by the District Attorney was insufficient to explain or excuse the delay, the defect was cured on the motion for reconsideration. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.

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