People v. Morton

No opinion. Hopkins, Benjamin and Munder, JJ., concur: Rabin, Acting P. J., and Nolan, J., dissent and vote to reverse the order and to deny the motion to dismiss the indictment, with the following memorandum: Defendant was indicted in Nassau County on March 25, 1958, for the crimes of assault in the first degree and assault in the second degree committed on October 20, 1956. He was not apprehended by the police until June 1, 1965. Thereafter his motion to dismiss the indictment, pursuant to section 668 of the Code of Criminal Procedure, was granted, by the order appealed from, because of the…