People v. Boyde

—Order unanimously reversed on the law, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: County Court erred in dismissing the indictment based solely upon the People’s inability to proceed on the scheduled trial date when the complaining witness failed to appear. The court had no authority to dismiss the charges for " 'failure to prosecute’ ” (People v Douglass, 60 NY2d 194, 200; see, People v Merlo, 183 AD2d 730, 731; People v Moore, 158 AD2d 721, 722) or based upon the People’s inability to secure the attendance of a…