People v. Kitt

Sandler, J. (concurring).

I agree that the trial court erred under the circumstances presented in dismissing this indictment charging defendant with murder in the second degree and in denying the District Attorney’s request for a brief adjournment.

The more far-reaching question is presented by the District Attorney’s contention that there are no circumstances under which a trial court would have the power to dismiss an indictment where, on a date fixed for trial, the District Attorney is unable or unwilling to proceed to trial, and that date precedes the expiration of the periods of time set…