People v. Lamar

Order unanimously reversed and indictment reinstated. Memorandum: Defendants were indicted for burglary in the third degree and grand larceny in the third degree on July 6, 1976. After a pretrial conference on September 8, 1976 the cases were set down for trial on December 6, 1976. Because circumstances made trial on December 6, 1976 impossible, the trial date was advanced to November 29, 1976 and both the District Attorney’s office and defense counsel were duly notified of the change. At the call of the calendar on November 29, 1976 the Assistant District Attorney announced that he was not…