People v. Thompson

Appeal by the People from an order of the Supreme Court, Kings County, entered March 7, 1977, which granted defendant’s oral motion to dismiss the indictment for failure to prosecute. Order reversed, as a matter of discretion in the interest of justice, and indictment reinstated. It was an abuse of discretion, on the facts of this case, for the court to have failed to grant the prosecutor’s request for an adjournment. Gulotta, P. J., Latham, Damiani and O’Connor, JJ., concur.