People v. Miller

This is an application by the defendant for an order dismissing the complaint on the grounds that the matter had previously been dismissed by this court for failure to prosecute thus barring any further charge.

Defendant was arrested for an alleged offense, which occurred on the 6th day of September, 1969, for a violation of subdivision 1 of section 120.00 of the Penal Law, assault in the third degree. On February 8, 1970, when a prosecutor’s witness failed to appear the defendant moved to dismiss for failure to prosecute. This motion was granted and the matter dismissed by the Honorable…