New York Court of Appeals, 1965

People v. Wagner

People v. Wagner
New York Court of Appeals · Decided February 11, 1965
15 N.Y.2d 799; 205 N.E.2d 693; 257 N.Y.S.2d 598; 1965 N.Y. LEXIS 1582
People v. Wagner

Cases that cite this one

1 later published case cites this decision.

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Opinion

Order affirmed. This dismissal for failure to prosecute was, on the particular facts, valid as an exercise of discretion (see People v. Alfonso, 6 N Y 2d 225). We pass on no other question. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis and Bbegan. Judges Fold, Burke and Scileppi dissent and vote to reverse and to reinstate the judgment of conviction.

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