People v. Masselli

Chief Judge Desmond.

The People appeal from a unanimous reversal of a conviction and dismissal of the indictment as to both defendants, on the law. Defendants’ appeal to the Appellate Division had properly raised the question as to whether they are entitled to a dismissal without trial because of refusal to give them a prompt trial (People v. Chirieleison, 3 NY2d 170).

In March, 1960 while both defendants were serving sentences in Clinton Prison for a different crime their previous conviction on the same indictment here involved was reversed by the Appellate Division and a new trial ordered.…