People v. Kirby

— Order entered February 2, 1982 in Su*849preme Court, New York County (Rothwax, J.) (112 Mise 2d 906), granting defendants’ motion and dismissing the indictment charging the defendants with murder in the second degree, attempted murder in the second degree and assault in the first degree, unanimously reversed, on the law and the facts, the motion denied, and the indictment reinstated. On January 12, 1979 a gypsy cab driver was murdered. Timothy Kirby was arrested and tried in March of 1980 on a January, 1979 indictment charging the above crimes. That trial resulted in a mistrial because the…