People v. Merlo

— Appeal by the People from an order of the County Court, Orange County (Byrne, J.), dated *731August 30, 1991, which granted the defendant’s motion to dismiss Orange County Indictment Number 90-00274.

Ordered that the order is reversed, on the law, the motion is denied, the indictment is reinstated, and the matter is remitted to the County Court, Orange County, for further proceedings.

On the scheduled trial date, the People requested an adjournment in order to secure the attendance of the complaining witness, who had left the State on vacation. The defendant opposed the request for an…